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Neha buys a water heater from Aadil. The contract contains an express warranty of free…

Sale of Goods Act, 1930

Neha buys a water heater from Aadil. The contract contains an express warranty of free servicing for one year. What is the effect of this express warranty on the warranties and conditions implied by the Sale of Goods Act, 1930?

Show answer and explanation

Answer: D. It does not negative any implied warranty or condition unless it is inconsistent with it

Explanation

Section 16(4) provides that an express warranty or condition does not negative a warranty or condition implied by the Act unless inconsistent with it. A free-servicing promise is consistent with the implied terms, so they continue to apply alongside it. The idea that implied terms can never be excluded is wrong, because Section 62 allows them to be negatived or varied by express agreement, course of dealing or binding usage.

Legal provision:
Section 16(4), Sale of Goods Act, 1930