15A. Modification of remedies for breach of condition in non‑consumer cases

Terms defined in s 61

• buyer

  buyer

  Defined · s 61

  “buyer” means a person who buys or agrees to buy goods;

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• contract of sale

  contract of sale

  Defined · s 61

  “contract of sale” includes an agreement to sell as well as a sale;

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• goods

  goods

  Defined · s 61

  “goods” includes all personal chattels other than things in action and money; and in particular “goods” includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale and includes an undivided share in goods;

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• seller

  seller

  Defined · s 61

  “seller” means a person who sells or agrees to sell goods;

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• warranty

  warranty

  Defined · s 61

  “warranty” means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated.

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