Contract and Commercial Law Act 2017

Sale of goods - Formation of contract - Conditions and warranties

141: Express warranty or condition

You could also call this:

“Promises made when you buy something”

When you buy something, the seller might make specific promises about the item. These promises are called express warranties or conditions. The law also provides some automatic protections, which are called implied warranties or conditions.

If the seller’s specific promise doesn’t clash with the automatic protection, both will apply to your purchase. This means you get the benefit of both the seller’s promise and the automatic protection provided by law.

However, if the seller’s promise conflicts with the automatic protection, the seller’s promise will take precedence. This only happens when the two cannot exist together.

Remember, these rules are there to protect you when you buy things, giving you both the specific promises made by the seller and the general protections provided by law.

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140: Implied warranty or condition by usage of trade, or

"Unwritten promises about what you buy based on common business practices"


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142: Sale by sample, or

"Buying something based on a sample: what you need to know"

Part 3 Sale of goods
Formation of contract: Conditions and warranties

141Express warranty or condition

  1. An express warranty or condition in a contract of sale does not negate a warranty or condition implied by this Part unless it is inconsistent with the implied warranty or condition.

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