The main difference between condition and warranty is that condition is a fundamental requisite of any sales contract, while the warranty is an additional requisite. In simple words, conditions are mandatory for any sales agreement, but warranties are not.
Many contracts we come across have either warranties or conditions, while some contracts have both. Parties involved in a contract usually mention conditions and warranties in order to make the expectations explicit to the other party. Both conditions and warranties stand distinct from each other as they both have different implications for the parties’ rights and duties.
Key Areas Covered
1. What is a Condition
– Definition, Features
2. What is a Warranty
– Definition, Features
3. Relationship Between Condition and Warranty
– Outline of Common Features
4. Difference Between Condition and Warranty
– Comparison of Key Differences
What is a Condition
A condition refers to the fundamental requirement of any sales contract. Any condition in a sales contract can be a certain term, obligation, or a provision put out by both the parties involved. Conditions are indispensable obligations that a party needs to fulfill.
When compared to warranties, conditions are more important to the development of a sales contract. Furthermore, unlike a warranty, a condition has to be fulfilled before the completion of another action. In brief, for a contract of sale to be fulfilled, the conditions must be fulfilled.
Furthermore, the objectives of any contract are directly connected to the conditions, unlike warranties, which are simply secondary provisions related to the contract’s objectives. If one party breaks a condition in any contract, the other party can terminate the contract.
What is a Warranty
A warranty refers to a guarantee on paper a seller issues to his buyer concerning specific claims that are valid and factual. For instance, a mobile seller may give the buyer the warranty to repair or replace the product if it malfunctions within a given pre-decided period of time. Therefore a warranty usually involves the quality, performance, and capability of the sold product.
A warranty is actually a guarantee that the product is going to fulfil the conditions and will continue to function as expected during a specific period of time. Therefore, a warranty is more like the seller’s confirmation to his customer that the sold products meet the expected standard. For some products, it is possible to get a warranty for the product’s lifetime, while some products have a warranty for a limited time period.
Relationship Between Condition and Warranty
- Condition and warranty are two parts of a sales contract.
Difference Between Condition and Warranty
A condition is a fundamental requisite of any sales contract and can be a certain term, obligation, or provision put out by both the parties involved. On the other hand, a warranty is a guarantee on paper that is issued by the seller to his buyer concerning specific claims that are valid and factual.
Level of Significance
Conditions are more important to the development of a contract than warranties. A sales contract cannot be completed if the conditions are not met, but a contract can be fulfilled even though the warranty is not fulfilled.
Effects of Breaching
If one party breaches a condition in a contract, the contract may get terminated. However, if one party breaches a warranty, the other party involved always has the right to claim damages for the breach.
In conclusion, the main difference between condition and warranty is that condition is a fundamental requisite of any sales contract while warranty is an additional requisite. In simple words, conditions are mandatory for any sales agreement, but warranties are not.