A condition is a stipulation that is essential to the contract while a warranty is a stipulation collateral to the main agreement. A condition may, and in certain cases, must be waived and treated as a warranty. This waiver becomes mandatory where goods have been partly accepted and are not severable. Implied undertaking or condition exists that seller has or will have the right to sell the goods. There is an implied warranty that buyer will have quiet enjoyment of the property and that the goods are free from encumbrances. It is a condition that where sale is by description or sample, the goods should correspond to the description or sample. There is no implied condition or warranty as to the fitness of goods sold for any particular purpose except where buyer makes known to seller such particular purpose and places reliance on seller’s skill and judgment. If goods are generally sold by seller there is also an implied condition that they are fit for the purpose sold except where they are sold under their patent or trade name. Where sale is by description there is an implied condition that the goods will be of merchantable quality except where buyer examined the goods before purchase and the defects were not latent defects.
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