Juruga
  • Search
  • Feedback
  • Notice Board
  • Support Juruga
🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

Searching all Ugandan Acts. Comprehensive results.

Beta Version

Report any issues you encounter

Section 12: When a condition in a sale becomes a warranty

12.When condition to be treated as warranty

(1)Where a contract of sale or supply of a service is subject to any condition to be fulfilled by the seller or supplier, the buyer may waive the condition, or may elect to treat the breach of that condition as a breach of warranty, and not as a ground for treating the contract as repudiated.

(2)Whether a stipulation in a contract of sale or supply of services is a condition, the breach of which may give rise to a right to treat the contract as repudiated, or as a warranty, the breach of which may give rise to a claim for damages but not to a right to reject the goods or services and treat the contract as repudiated, depends in each case on the construction of the contract.

(3)A stipulation may be a condition, whether or not it is called a warranty in the contract.

(4)Where a contract of sale or supply of services is'

(a)not severable and the buyer has accepted the goods or services or part of the goods or services; or

(b)for specific goods, the property in which has passed to the buyer, the breach of any condition to be fulfilled by the seller or supplier shall only be treated as a breach of warranty and not as a ground for rejecting the goods or services and treating the contract as repudiated, unless there is a term of the contract, express or implied, to the effect that the goods or services may be rejected and the contract treated as repudiated.

(5)This section shall not affect any condition or warranty, the fulfilment of which is excused by law by reason of impossibility or otherwise.

Plain English Summary

You can choose to treat a seller's failure to meet a condition in a contract as a warranty breach, which only allows you to claim damages, instead of ...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

Searching within Sale of Goods and Supply of Services Act. Faster results.