LawgistThe Sale of Goods Act
62Exclusion of implied terms and conditions
Where any right, duty or liability would arise under a contract of sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by usage, if the usage is such as to bind both parties to the contract.
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All sections
- 1 Short title, extent and commencement
- 2 Definitions
- 3 Application of provisions of Act 9 of 1872
- 4 Sale and agreement to sell
- 5 Contract of sale how made
- 6 Existing or future goods
- 7 Goods perishing before making of contract
- 8 Goods perishing before sale but after agreement to sell
- 9 Ascertainment of price
- 10 Agreement to sell at valuation
- 11 Stipulations as to time
- 12 Condition and warranty
- 13 When condition to be treated as warranty
- 14 Implied undertaking as to title, etc
- 15 Sale by description
- 16 Implied conditions as to quality or fitness
- 17 Sale by sample
- 18 Goods must be ascertained
- 19 Property passes when intended to pass
- 20 Specific goods in a deliverable state
- 21 Specific goods to be put into a deliverable state
- 22 Specific goods in a deliverable state, when the seller has to do anything thereto in order to ascertain price
- 23 Sale of unascertained goods and appropriation
- 24 Goods sent on approval or “on sale or return”
- 25 Reservation of right of disposal
- 26 Risk prima facie passes with property
- 27 Sale by person not the owner
- 28 Sale by one of joint owners
- 29 Sale by person in possession under voidable contract
- 30 Seller or buyer in possession after sale
- 31 Duties of seller and buyer
- 32 Payment and delivery are concurrent conditions
- 33 Delivery
- 34 Effect of part delivery
- 35 Buyer to apply for delivery
- 36 Rules as to delivery
- 37 Delivery of wrong quantity
- 38 Instalment deliveries
- 39 Delivery to carrier or wharfinger
- 40 Risk where goods are delivered at distant place
- 41 Buyer’s right of examining the goods
- 42 Acceptance
- 43 Buyer not bound to return rejected goods
- 44 Liability of buyer for neglecting or refusing delivery of goods
- 45 “Unpaid seller” defined
- 46 Unpaid seller’s rights
- 47 Seller’s lien
- 48 Part delivery
- 49 Termination of lien
- 50 Right of stoppage in transit
- 51 Duration of transit
- 52 How stoppage in transit is effected
- 53 Effect of sub-sale or pledge by buyer
- 54 Sale not generally rescinded by lien or stoppage in transit
- 55 Suit for price
- 56 Damages for non-acceptance
- 57 Damages for non-delivery
- 58 Specific performance
- 59 Remedy for breach of warranty
- 60 Repudiation of contract before due date
- 61 Interest by way of damages and special damages
- 62 Exclusion of implied terms and conditions
- 63 Reasonable time a question of fact
- 64 Auction sale
- 64A In contracts of sale, amount of increased or decreased taxes to be added or deducted
- 65 [Repealed.]
- 66 Savings
