SCHEDULES
SCHEDULE 2 Minor and consequential amendments
The Sale of Goods Act 1979 (c. 54)
5
1
The Sale of Goods Act 1979 is amended as follows.
2
In section 11 (when condition to be treated as warranty)—
a
for subsection (1) there is substituted —
1
This section does not apply to Scotland.
b
subsection (5) is omitted.
3
In section 12 (implied terms about title etc.)—
a
for “condition” (in subsection (1)) and for “warranty” (in subsections (2), (4) and (5)) there is substituted “
term
”
; and
b
after subsection (5) there is inserted—
5A
As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition and the terms implied by subsections (2), (4) and (5) above are warranties.
4
In section 13 (sale by description)—
a
in subsection (1) for “condition” there is substituted “
term
”
; and
b
after that subsection there is inserted—
1A
As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition.
5
In section 14 (implied terms about quality or fitness)—
a
for “condition or warranty” (in subsections (1) and (4)) and for “condition” (in subsection (3)) there is substituted “
term
”
; and
b
for subsection (6) there is substituted—
6
As regards England and Wales and Northern Ireland, the terms implied by subsections (2) and (3) above are conditions.
6
In section 15 (sale by sample)—
a
in subsection (2), for “condition” there is substituted “
term
”
and paragraph (b) is omitted; and
b
for subsection (3) there is substituted—
3
As regards England and Wales and Northern Ireland, the term implied by subsection (2) above is a condition.
7
In section 53 (remedy for breach of warranty) for subsection (5) there is substituted—
5
This section does not apply to Scotland.
8
In section 55 (exclusion of implied terms) in subsection (2) for “condition or warranty” (in both places) there is substituted “
term
”
.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
For the heading “Conditions and warranties” that precedes sections 10 to 14 there is substituted the heading “
Implied terms etc.
”
.