Sale of Goods Act, 1930
16. Implied conditions as to quality or fitness
Subject to the provisions of this Act and of any other law for
the time being in force, 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:-
(1) 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 producer 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 its fitness for any particular purpose.
(2) Where goods are bought by description from a seller who
deals in goods of that description (whether he is the manufacturer or producer
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.
(3) An implied warranty or condition as to quality or fitness
for a particular purpose may be annexed by the usage of trade.
(4) An express warranty or condition does not negative a
warranty or condition implied by this Act unless inconsistent therewith.