Condition: Section 12(2) of The Sales of Goods Act,1930 tells us about the condition. According to the section, the condition is an agreement to constitute the contract and the condition is essential to the main purpose of the contract and the breach of the condition gives the aggrieved party a right to treat the contract as repudiated.

Warranty: Section 12(3) of The Sales of Goods Act,1930 tells us about the warranty. According to the section, the warranty is an agreement that is collateral to the main purpose of the contract, and breach of the warranty gives the aggrieved party a right to claim damages only but not to a right to reject the goods and treat the contract as repudiated. 

Distinctions between Condition and Warranty:

> Condition is essential and the main purpose of the contract but the warranty is not essential but, it is collateral to the main purpose of the contract.

> Breach of the condition can repudiate the contract but, the breach of warranty does not give rise to repudiate the contract. 

> The breach of condition not only gives a right to treat the contract void but also gives a right to claim damages but, the breach of warranty gives the right to claim damages only. 

> In certain circumstances the breach of conditing can be treated as a breach of warranty but a warranty cannot be treated as a breach of condition in any circumstances.

The breach of conditing can be treated as a breach of warranty but a warranty cannot be treated as a breach of condition.

Section 13 specifies cases where a breach of a condition be treated as a breach of a warranty because of which the buyer loses his entitlement to cancel the agreement and can guarantee for damages only.

When the condition is breached by the seller the buyer has a right to treat the contract as repudiate and reject the goods but he is not bound to do so.  He may instead elect to waiver the condition accept the goods and sue the seller for damages for breach of warranty.

Where the buyer has accepted the goods and subsequently he comes to know of the breach of condition he cannot reject them but can only maintain an action for damages.

Express and Implied Condition and Warranty

Express Conditions and Warranties: When any stipulation is inserted in the contract at the will of the parties, it is said to be expressed conditions and warranties.

Implied Conditions and Warranties: The implied conditions and warranties, are those which are presumed by law to be present in the contract though they have not been put into it in expressed words.