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Sale of Goods Act 1908  168
Commenced: 4 Aug 1908
I: Formation of the Contract
Conditions and Warranties
16   Implied conditions as to quality or fitness




   16. Implied conditions as to quality or fitness---Subject to the
 provisions of this Act and of any statute in that behalf, there is no
 implied warranty or condition as to the quality or fitness for any
 particular purpose of goods supplied under a contract of sale, except as
 follows:
   (a) Where the buyer, expressly or by implication, makes known to the
         seller the particular purpose for which the goods are required,
         so as to show that the buyer relies on the seller's skill or
         judgment, and the goods are of a description which it is in the
         course of the seller's business to supply (whether he is the
         manufacturer or not), there is an implied condition that the
         goods shall be reasonably fit for such purpose:
           Provided that in the case of a contract for the sale of a
         specified article under its patent or other trade name, there is
         no implied condition as to its fitness for any particular
         purpose:
   (b) Where goods are bought by description from a seller who deals in
         goods of that description (whether he is the manufacturer or
         not), there is an implied condition that the goods shall be of
         merchantable quality:
           Provided that if the buyer has examined the goods, there shall
         be no implied condition as regards defects which such
         examination ought to have revealed:
   (c) An implied warranty or condition as to quality or fitness for a
         particular purpose may be annexed by the usage of trade:
   (d) An express warranty or condition does not negative a warranty or
         condition implied by this Act unless inconsistent therewith.
     Cf. 1895, No. 23, s. 16

       As to the buyer's right of examining the goods, see s. 36 of this
     Act.
       As to the exclusion of implied terms and conditions, see s. 56 of
     this Act.
       As to the Motor Vehicle Dealers Act 1975, see the note to s. 14
     above.
       Paras. (a) and (b) of this section are not to apply to hire
     purchase agreements; see s. 16 (1) of the Hire Purchase Act 1971.
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