Section 13

Section 13 of the Sale of Goods Act, 1930, provides that if a contract of sale is subject to any condition to be fulfilled by the seller, and the buyer waives the condition, or if the seller fails to perform the condition and the buyer does not terminate the contract, then the condition is treated as a warranty. The section further provides that if the buyer is entitled to treat a condition as a warranty, he may claim damages for the breach of the warranty, but he is not entitled to reject the goods. The Madras High Court has held that if a buyer accepts goods that do not conform to the contract, he is deemed to have waived the condition and the condition is treated as a warranty (Ramaswami Chettiar v. Alagappa Chettiar, AIR 1963 Mad 332).