Implied warranty is a term in contract law that provides certain assurances to the buyer under presumption that they don’t need to be specifically spelled out in writing or communicated orally. Although in different countries the implied warranty is protected differently in respective legal systems, the essence of the concept and implementation largely remains the same. In India, The Sales Of Goods Act, 1930, the implied warranty is textualized under section 14-17 along with implied condition.
Implied warranty warranted in The Sales Of Goods Act ensures the rights of buyer is protected against unscrupulous trade practices by sellers. It enumerates certain widely accepted principles guiding the business even when specific information is not captured explicitly in the warranty documents. The Sales Of Goods Act empowers the buyer for the breaches of warranty without explicit description in the warranty.
The implied warranties guaranteed by the law are valid as long as the buyer decides not to waive those rights. For example, the implied warranty guaranteed by law pertaining to dangerous goods can be considered waived off by the buyer if the buyer signs a waiver without understanding the complete extent of the risk. Consider, the buyer decides to buy a product on an online marketplace and signs a waiver without reading the terms and conditions which details the risk involved as well. The law will interpret it as the buyer having read and understood the risks inherent even if the reality reflects otherwise.