Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) If a contract of sale is subject to a condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat a breach of the condition as a breach of warranty and not as a ground for treating the contract as repudiated.
(2) Whether a stipulation in a contract of sale is a condition the breach of which may give rise to a right to treat the contract as repudiated or a warranty the breach of which may give rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated depends in each case on the construction of the contract.
(3) A stipulation may be a condition although it is called a warranty in the contract.
(4) This section does not apply to a condition or warranty the fulfilment of which is excused by law because of impossibility or otherwise.