THE PLACE OF WARRANTY OF CONFORMING GOODS IN THE PURCHASE AGREEMENT

Abstract

The article demonstrates independent nature of implied warranty of conforming goods from performance in a purchase agreement. Inclusion of a duty to transfer conforming goods in the performance obligation leads to disregard of basic principles of sale of goods. Warranty of conformity finds its effect only after a transfer of risk, because combination of price and qualities emerges at this moment, thus forming a particular item. With such an understanding there is no contest between consumer’s remedies for non-conforming goods and unsatisfactory performance. Only an independent obligation to transfer conforming goods preserves the functions of an item, which were defined in a contract by a seller and a customer.