Section 12 in The Jammu and Kashmir Sale of Goods Act, 1996 (1939 A.D.)
12. Condition and warranty.
(1)A stipulation in a contract of sale with reference to the goods which ate the subject thereof may be a condition or a warranty.(2)A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated.(3)A warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not to right to reject the goods and treat the contract as repudiated.(4)Whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. A stipulation may be a condition though called a warranty in the contract.
