Implied Terms and Conditions in a Sale of Goods Contract: What You Need to Know
When you purchase a product, whether it`s online or in a physical store, you enter into a contract with the seller. This contract outlines the terms and conditions of the sale, including the obligations of both parties. While some terms may be explicitly stated, there are also implied terms and conditions that come with every sale of goods contract.
What exactly are implied terms and conditions?
Implied terms and conditions are those that are not explicitly stated in the contract but are still presumed to be part of the agreement. These terms may be implied by law or by the conduct of the parties involved in the sale. Essentially, these terms are assumed to be part of the contract because they are necessary for the contract to be valid and enforceable.
What are the implied terms and conditions in a sale of goods contract?
There are several implied terms and conditions that come with every sale of goods contract. These include:
1. The seller has the right to sell the goods.
This condition is implied by law and guarantees that the seller has the right to sell the goods and that the goods are free from any liens or encumbrances.
2. The goods are of satisfactory quality.
This condition is also implied by law and requires the goods to be of reasonable quality considering their price and the purpose for which they were intended.
3. The goods are fit for their intended purpose.
This condition means that the goods should be fit for the purpose for which they were sold. For example, if you purchase a toaster, you expect it to be capable of toasting bread.
4. The goods match their description.
If the seller describes the goods a certain way, whether it`s in an advertisement or on the product packaging, the goods must match that description.
5. The seller has the right to transfer ownership of the goods.
This condition ensures that the seller has the right to transfer ownership of the goods to the buyer.
6. The goods will be delivered within a reasonable timeframe.
If a delivery date is not stated in the contract, the goods must be delivered within a reasonable timeframe.
What happens if an implied term is breached?
If an implied term or condition is breached, the buyer may have a right to compensation or to cancel the contract. The available remedies will depend on the specific breach and the terms of the contract.
In conclusion, as a buyer, it`s important to be aware of the implied terms and conditions that come with every sale of goods contract. While some terms may be explicitly stated, there are also implied terms that are necessary for the contract to be valid and enforceable. By understanding these terms, you can ensure that you are protected as a consumer and know your rights in case of any breach of contract.