For example, if you buy a car and the seller says it is in good condition, that is the condition of the sale.
If the car breaks down soon after you buy it, the seller might be liable for refunding or fixing the car.
If the seller simply guarantees that the car is in good working order, that is a warranty and not a condition of sale.
What is a Condition?
A condition in a sales agreement is an event or circumstance that must occur before the sale is completed.
For example, the buyer might agree to purchase a product only if the seller can deliver it within a certain timeframe.
This is a condition that must be met before the sale is final. It can also be a requirement that the buyer inspects the product before finalizing the purchase.
Sales contracts often include a number of conditions that must be met before the sale is final.
It’s important for both parties to understand what these conditions are and make sure they are met before completing the sale.
If one party fails to meet a condition, it can lead to disputes and legal action.
You should always consult with an attorney if you’re unclear about the conditions in a sales agreement.
This will help ensure that both parties are aware of their responsibilities and that the sale proceeds smoothly.
What is a Warranty?
A warranty is a guarantee from a manufacturer that a product will meet certain standards or that it will be repaired or replaced if it fails to meet those standards.
Warranties vary in terms of what they cover, how long they last, and who is responsible for providing the warranty service.
For example, a product may have a one-year warranty that is provided by the manufacturer.
This means that the manufacturer will repair or replace the product if it fails to meet certain standards within one year of purchase.
It is important to read the warranty terms and conditions before making a purchase.
This will help you understand what is covered by the warranty and what is not.
It will also help you determine who is responsible for providing warranty service if there is a problem with the product.
If you have a problem with a product that is covered by a warranty, you should contact the manufacturer or retailer to find out how to get the product repaired or replaced.
Example: Anna just bought a new laptop from her local electronics store.
The store offers a 2-year warranty on the product.
If Anna has a problem with her laptop within the first 2 years, she can take it back to the store and they will repair or replace it.
Condition vs Warranty
A condition is something that is automatically present in the item, while a warranty can be added or removed by either party.
Conditions are usually listed in the sale agreement, while warranties are not.
Another important distinction is that a warranty is typically good for a specific amount of time, while a condition usually lasts the life of the item.
Important differences between condition and warranty include –
One of the key differences between the two terms is their exact meaning.
The word “condition” is usually used when referring to something that is a requirement, while the word “warranty” is more often used in relation to guaranteeing the quality of a product or service.
Another key difference between condition and warranty is their duration.
A condition is often something that needs to be met before a contract can be enforced, while a warranty is typically in place for a set period of time after the purchase of a product or service.
The scope of condition and warranty can also differ.
A condition may apply only to certain aspects of a contract, while a warranty may be more general in nature.
The responsibility for meeting the condition or fulfilling the warranty can also differ.
The party that is responsible for meeting the condition is often known as the “condition precedent”, while the party that is responsible for providing a warranty is known as the “warrantor”.
The remedies that are available in the event of a breach of condition or warranty can also differ.
The party that is entitled to seek remedy for a breach of condition may be different from the party that is entitled to seek remedy for a breach of warranty.
The cancellation of a condition or warranty can also be different.
A condition may be canceled by the parties once it has been met, while a warranty may be cancelled by the warrantor at any time.
The indemnity that is available in the event of a breach of condition or warranty can also differ.
The party that is entitled to be indemnified may be different from the party that is entitled to receive indemnity for a breach of condition.
The tax treatment of a condition or warranty can also differ.
A condition may be treated as an expense, while a warranty may be treated as a sale.
The prescription of a condition or warranty can also differ.
A condition may prescribe over a certain period of time, while a warranty may not.