When a condition treated as warrenty?

In the context of sales and contracts, a condition is generally considered a warranty when it meets certain criteria. Here are the key elements that need to be present for a condition to be treated as a warranty:

1. Agreement of Parties:

A warranty is a legally binding promise or representation made by one party (seller or service provider) to another (buyer or consumer) regarding a specific product or service. For the condition to be considered a warranty, it must be part of the agreement between the parties. It can be expressed in written terms and conditions, contracts, or it may be implied through words, conduct, or industry practices.

2. Certainty and Definiteness:

A warranty must be precise, clear, and definite in terms of its content. It should specify the nature of the promise or representation made about the product or service. Ambiguous or vague statements may not be enforceable as warranties.

3. Reliance:

The buyer must have relied on the warranty when making the decision to purchase the product or service. This means that the buyer was influenced by and placed trust in the warranty provided by the seller. The warranty must have been a significant factor in the buyer's decision to enter into the contract.

4. Defect or Breach:

For the warranty to be applicable, there must be a defect or breach related to the condition that was promised or represented. If the product or service does not meet the warranted standards or expectations, the buyer may have a claim for breach of warranty.

5. Causation:

The buyer must demonstrate that the defect or breach caused the loss or damages suffered. In other words, there must be a causal connection between the breach of warranty and the harm incurred by the buyer.

6. Timeframe for Assertion:

Warranties usually have a specific time period within which they can be asserted. This is often referred to as the warranty period or limitation period. The duration of the warranty period may vary depending on the product, industry practices, and applicable laws.

When these elements are met, a condition may be treated as a warranty, giving the buyer certain legal rights and remedies in the event of a breach. Such remedies may include repairs, replacements, refunds, or compensation for damages resulting from the breach.