#1364647
When condition to be treated as warranty
When condition to be treated as warranty.
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#1364648
11.—(1) Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition, or may elect to treat the breach of such condition as a breach of warranty, and not as a ground for treating the contract as repudiated.
11.—(1) Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition, or may elect to treat the breach of such condition as a breach of warranty, and not as a ground for treating the contract as repudiated.
#1364650
A stipulation may be a condition, though called a warranty in the contract.
A stipulation may be a condition, though called a warranty in the contract.
#1364682
(a) There is an implied condition that the bulk shall correspond with the sample in quality:
( a ) There is an implied condition that the bulk shall correspond with the sample in quality:
#1364834
(2) An express condition or warranty does not negative a condition or warranty implied by this Act unless inconsistent therewith.
(2) An express condition or warranty does not negative a condition or warranty implied by this Act unless inconsistent therewith.
#1364671
(2) Where the seller sells goods in the course of a business there is an implied condition that the goods supplied under the contract are of merchantable quality, except that there is no such condition—
(2) Where the seller sells goods in the course of a business there is an implied condition that the goods supplied under the contract are of merchantable quality, except that there is no such condition—
#279133
Any land benefiting from payments under the single area payment scheme shall be maintained in good agricultural condition compatible with the protection of the environment.
Any land benefiting from payments under the single area payment scheme shall be maintained in good agricultural condition compatible with the protection of the environment.
#1179851
(14) Regard shall be had to any contribution which a planning authority would have required as a condition precedent to the development of the land.
(14) Regard shall be had to any contribution which a planning authority would have required as a condition precedent to the development of the land.
#1364652
(4) Nothing in this section shall affect the case of any condition or warranty, fulfilment of which is excused by law by reason of impossibility or otherwise.
(4) Nothing in this section shall affect the case of any condition or warranty, fulfilment of which is excused by law by reason of impossibility or otherwise.
#1364665
13.—(1) Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description;
13.—(1) Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description;
#1364676
(5) An implied condition or warranty as to quality or fitness for a particular purpose may be annexed to a contract of sale by usage.
(5) An implied condition or warranty as to quality or fitness for a particular purpose may be annexed to a contract of sale by usage.
#1364683
(b) There is an implied condition that the buyer shall have a reasonable opportunity of comparing the bulk with the sample:
( b ) There is an implied condition that the buyer shall have a, reasonable opportunity of comparing the bulk with the sample:
#1364684
(c) There is an implied condition that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.
( c ) There is an implied condition that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.
#1364818
(b) the buyer, promptly upon discovering the breach, makes a request to the seller that he either remedy the breach or replace any goods which are not in conformity with the condition,
( b ) the buyer, promptly upon discovering the breach, makes a request to the seller that he either remedy the breach or replace any goods which are not in conformity with the condition,
#2075589
Sans préjudice du règlement (CE) n° 470/2009 ni de la directive 96/22/CE, l’équidé peut faire l’objet d’un traitement médicamenteux conformément à l’article 115, paragraphe 1, du règlement (UE) 2019/6 à condition que l’équidé ainsi traité ne soit abattu en vue de la consommation humaine qu’au terme d’un temps d’attente général de six mois suivant la date de la dernière administration de substances listées conformément à l’article 115, paragraphe 5, du ledit règlement./Without prejudice to Regulation (EC) No 470/2009 and Directive 96/22/EC, the equine animal may be subject to medicinal treatment in accordance with Article 115(1) of Regulation (EU) 2019/6 under the condition that the equine animal so treated may only be slaughtered for human consumption after the end of the general withdrawal period of six months following the date of last administration of the substances listed in accordance with Article 115(5) of that Regulation./Gan dochar do Rialachán (CE) Uimh. 470/2009 agus Treoir 96/22/CE, féadfar cóireáil íocshláinte a chur ar an ainmhí eachaí i gcomhréir le hAirteagal 115(1) de Rialachán (AE) 2019/6 faoin gcoinníoll nach bhféadfar an t-ainmhí eachaí a gheobhaidh cóireáil den sórt sin a mharú mar bhia don duine ach amháin tar éis dheireadh na tréimhse ginearálta aistarraingthe 6 mhí i ndiaidh an dáta deiridh ar tugadh na substaintí atá liostaithe i gcomhréir le hAirteagal 115(5) den Rialachán sin.
/official language Sans préjudice du règlement (CE) n° 470/2009 ni de la directive 96/22/CE, l’équidé peut faire l’objet d’un traitement médicamenteux conformément à l’article 115, paragraphe 1, du règlement (UE) 2019/6 à condition que l’équidé ainsi traité ne soit abattu en vue de la consommation humaine qu’au terme d’un temps d’attente général de six mois suivant la date de la dernière administration de substances listées conformément à l’article 115, paragraphe 5, du ledit règlement./Without prejudice to Regulation (EC) No 470/2009 and Directive 96/22/EC, the equine animal may be subject to medicinal treatment in accordance with Article 115(1) of Regulation (EU) 2019/6 under the condition that the equine animal so treated may only be slaughtered for human consumption after the end of the general withdrawal period of six months following the date of last administration of the substances listed in accordance with Article 115(5) of that Regulation./official language.
#279125
4. The agricultural area of a new Member State under the single area payment scheme shall be the part of its utilised agricultural area which has been maintained in good agricultural condition at 30 June 2003, whether in production or not at that date, and, where appropriate, adjusted in accordance with the objective criteria to be set by that new Member State after approval by the Commission.
4. The agricultural area of a new Member State under the single area payment scheme shall be the part of its utilised agricultural area which has been maintained in good agricultural condition at 30 June 2003, whether in production or not at that date, and, where appropriate, adjusted in accordance with the objective criteria to be set by that new Member State after approval by the Commission.
#145972
"(7) (a) The consideration moving from the sub-purchaser shall, in a case to which subsection (4), (5) or (6) applies, be ascertained without regard to the value of any covenant, power, condition or arrangement relating to the subject matter of the conveyance which was not in the contract for sale entered into by the original seller and also without regard to any consideration the duty on any part of which would be charged in accordance with subsection (2) or (3) of section 56.
"(7) ( a ) The consideration moving from the sub-purchaser shall, in a case to which subsection (4), (5) or (6) applies, be ascertained without regard to the value of any covenant, power, condition or arrangement relating to the subject matter of the conveyance which was not in the contract for sale entered into by the original seller and also without regard to any consideration the duty on any part of which would be charged in accordance with subsection (2) or (3) of section 56.
#463035
The Fund shall also take into consideration a member’s willingness to pledge as collateral security acceptable assets having a value sufficient in the opinion of the Fund to protect its interests and may require as a condition of waiver the pledge of such collateral security.
The Fund shall also take into consideration a member’s willingness to pledge as collateral security acceptable assets having a value sufficient in the opinion of the Fund to protect its interests and may require as a condition of waiver the pledge of such collateral security.
#844383
(5) Beidh éifeacht ag fo-alt (2) d'alt 11 den Housing (Ireland) Act, 1919, fé is dá ndeintí na focail o “subject to any condition” go dtí “thereon, and” d'fhágaint ar lár ann.
(5) Sub-section (2) of section 11 of the Housing (Ireland) Act 1919, shall have effect as if the words from "subject to any condition" to "thereon, and" were omitted therefrom.
#854504
Died, New York, February 12th, 1929,” or such other or additional inscription as may be appropriate, and the Estate shall be conveyed charged with the obligation to preserve and maintain the said Monument in perpetuity and to keep same at all times in good order, repair and condition.
Died, New York, February 12th, 1929," or such other or additional inscription as may be appropriate, and the Estate shall be conveyed charged with the obligation to preserve and maintain the said Monument in perpetuity and to keep same at all times in good order, repair and condition.
#874835
The local authority may fix the number of infants under the age of nine years which may be kept in any dwelling in respect of which a notice has been received under this Part of this Act and may impose such (if any) conditions as they may think proper in regard to the keeping of all or any of such infants in such dwelling, and any person who keeps in such dwelling any infant in excess of the number so fixed or contravenes or fails to comply with any condition so imposed shall be guilty of an offence under this Part of this Act.”
The local authority may fix the number of infants under the age of nine years which may be kept in any dwelling in respect of which a notice has been received under this Part of this Act and may impose such (if any) conditions as they may think proper in regard to the keeping of all or any of such infants in such dwelling, and any person who keeps in such dwelling any infant in excess of the number so fixed or contravenes or fails to comply with any condition so imposed shall be guilty of an offence under this Part of this Act."
#914263
11.—THE Corporation shall, without cost to the Board, provide and at all times maintain in good condition and satisfactory working order, apparatus of a type to be approved by the Board, for the accurate recording and measuring of the flow of water from the Reservoir through the Corporation intake and shall furnish to the Board each day, or at such periods as may be agreed, a true written certified copy of the record of the daily flow thereby recorded through the said intake.
11—THE Corporation shall, without cost to the Board, provide and at all times maintain in good condition and satisfactory working order, apparatus of a type to be approved by the Board, for the accurate recording and measuring of the flow of water from the Reservoir through the Corporation intake and shall furnish to the Board each day, or at such periods as may be agreed, a true written certified copy of the record of the daily flow thereby recorded through the said intake.
#914269
12.—THE Board shall, without cost to the Corporation provide and at all times maintain in good condition, and satisfactory working order, apparatus of a type to be approved by the Corporation, for the accurate recording and measuring of the flow of compensation water from the Reservoir, and shall furnish to the Corporation each day, or at such periods as may be agreed, a true written certified copy of the record of the daily flow thereby recorded.
12.—THE Board shall, without cost to the Corporation provide and at all times maintain in good condition, and satisfactory working order, apparatus of a type to be approved by the Corporation, for the accurate recording and measuring of the flow of compensation water from the Reservoir, and shall furnish to the Corporation each day, or at such periods as may be agreed, a true written certified copy of the record of the daily flow thereby recorded.
#914285
16.—SAVE to the extent of carrying out the sanitary works hereinbefore specified during construction of the Reservoir, the Board shall be under no responsibility to the Corporation for the sanitary condition or nature of the water in the Reservoir, nor for keeping the same clean or fit for drinking.
16.—SAVE to the extent of carrying out the sanitary works hereinbefore specified during construction of the Reservoir, the Board shall be under no responsibility to the Corporation for the sanitary condition or nature of the water in the Reservoir, nor for keeping the same clean or fit for drinking.
#932790
THIS agreement is entered into on the express condition that by the 31st day of December, 1938, provision is made by the Legislature in the Amending Act for authorising and confirming or otherwise validating these presents and making provision (inter alia) for the following matters, otherwise this Agreement shall become null and void and have no effect, that is to say:—
THIS agreement is entered into on the express condition that by the 31st day of December, 1938, provision is made by the Legislature in the Amending Act for authorising and confirming or otherwise validating these presents and making provision (inter alia) for the following matters, otherwise this Agreement shall become null and void and have no effect, that is to say:—
#987518
The District Jubilee Nurse at Rathaspick for the time being shall have the right to reside in the Gate Lodge at Rathaspick on The Estate (delineated on the said Map hereto annexed and thereon coloured green) free of rent rates and taxes and The Estate shall be conveyed charged with the obligation to maintain and preserve the said Gate Lodge as a Residence for the purposes aforesaid and to keep same at all times in good order repair and condition.
The District Jubilee Nurse at Rathaspick for the time being shall have the right to reside in the Gate Lodge at Rathaspick on The Estate (delineated on the said Map hereto annexed and thereon coloured green) free of rent rates and taxes and The Estate shall be conveyed charged with the obligation to maintain and preserve the said Gate Lodge as a Residence for the purposes aforesaid and to keep same at all times in good order repair and condition.
#1047881
(vi) the lease or sale under the powers conferred by this Act of the land or part thereof to public utility societies and to persons irrespective of whether they are or are not members of the working classes, for the purpose and on the condition that such societies and persons shall erect and maintain thereon such number of houses as may be fixed by the authority and in accordance with plans approved by the authority.”
(vi) the lease or sale under the powers conferred by this Act of the land or part thereof to public utility societies and to persons irrespective of whether they are or are not members of the working classes, for the purpose and on the condition that such societies and persons shall erect and maintain thereon such number of houses as may be fixed by the authority and in accordance with plans approved by the authority."
#1047890
“(e) with the like consent, sell or lease the land or part thereof to any peson for the purpose and on the condition that such person shall erect and maintain thereon such number of houses as may be fixed by the authority and in accordance with plans approved by the authority.”
"( e ) with the like consent, sell or lease the land or part thereof to any person for the purpose and on the condition that such person shall erect and maintain thereon such number of houses as may be fixed by the authority and in accordance with plans approved by the authority."
#1219209
—(1) Aisghairtear leis seo ailt 10 agus 18 den Landlord and Tenant Law Amendment Act, Ireland, 1860, agus na focail “To a covenant or condition against the assigning, underletting, parting with the possession, or disposing of the land leased; or” atá in alt 14 (6) (i) den Conveyancing Act, 1881.
—(1) Sections 10 and 18 of the Landlord and Tenant Law Amendment Act, Ireland, 1860, and in section 14 (6) (i) of the Conveyancing Act, 1881, the words "To a covenant condition against the assigning underletting, parting, with the possession, or disposing of the land leased, or" are hereby repealed.
#1364649
(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.
(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.
#1364651
(3) Where a contract of sale is not severable, and the buyer has accepted the goods, or part thereof, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty, and not as a ground for rejecting the goods and treating the contract as repudiated, unless there be a term of the contract, express or implied, to that effect.
(3) Where a contract of sale is not severable, and the buyer has accepted the goods, or part thereof, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty, and not as a ground for rejecting the goods and treating the contract as repudiated, unless there be a term of the contract, express or implied, to that effect.
#1364655
(a) an implied condition on the part of the seller that, in the case of a sale, he has a right to sell the goods and, in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass, and
( a ) an implied condition on the part of the seller that, in the case of a sale, he has a right to sell the goods and, in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass, and
#1364670
14.—(1) Subject to the provisions of this Act and of any statute in that behalf, there is no implied condition or warranty as to the quality or fitness for any particular purpose of goods supplied under a contract of sale.
14.—(1) Subject to the provisions of this Act and of any statute in that behalf, there is no implied condition or warranty as to the quality or fitness for any particular purpose of goods supplied under a contract of sale.
#1364675
(4) Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known to the seller any particular purpose for which the goods are being bought, there is an implied condition that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the seller's skill or judgement.
(4) where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known to the seller any particular purpose for which the goods are being bought, there is an implied condition that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the seller's skill or judgement.
#1364813
53.—(1) Subject to subsection (2), where there is a breach of warranty by the seller, or where the buyer elects, or is compelled, to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods, but he may—
53.—(1) Subject to subsection (2), where there breach of is a breach of warranty by the seller, or where the warranty. buyer elects, or is compelled, to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods, but he may—
#1364817
(a) the buyer deals as consumer and there is a breach of a condition by the seller which, but for this subsection, the buyer would be compelled to treat as a breach of warranty, and
( a ) the buyer deals as consumer and there is a breach of a condition by the seller which, but for this subsection, the buyer would be compelled to treat as a breach of warranty, and
#1364838
(6) Any reference in this section to a term exempting from all or any of the provisions of any section of this Act is a reference to a term which purports to exclude or restrict, or has the effect of excluding or restricting, the operation of all or any of the provisions of that section, or the exercise of a right conferred by any provision of that section, or any liability of the seller for breach of a condition or warranty implied by any provision of that section.
(6) Any reference in this section to a term exempting from all or any of the provisions of any section of this Act is a reference to a term which purports to exclude or restrict, or has the effect of excluding or restricting, the operation of all or any of the provisions of that section, or the exercise of a right conferred by any provision of that section, or any liability of the seller for breach of a condition or warranty implied by any provision of that section.
#1380790
“(7) (a) The consideration moving from the sub-purchaser shall, in a case to which subsection (4), (5) or (6) applies, be ascertained without regard to the value of any covenant, power, condition or arrangement relating to the subject matter of the conveyance which was not in the contract for sale entered into by the original seller and also without regard to any consideration the duty on which or on any part of which would be charged in accordance with subsection (2) or (3) of section 56.
"(7) ( a ) The consideration moving from the sub-purchaser shall, in a case to which subsection (4), (5) or (6) applies, be ascertained without regard to the value of any covenant, power, condition or arrangement relating to the subject matter of the conveyance which was not in the contract for sale entered into by the original seller and also without regard to any consideration the duty on which or on any part of which would be charged in accordance with subsection (2) or (3) of section 56.
#2414020
“Les membres de l’équipage des navires de mer naviguant sur le Rhin peuvent attester leur compétence au moyen d’un certificat délivré ou reconnu conformément à la Convention STCW. Ceci ne s’applique au conducteur que jusqu’au 17 janvier 2038 et à condition que l’activité de navigation intérieure soit effectuée au début ou à la fin d’un trajet de transport maritime.”.
Ceci ne s’applique au conducteur que jusqu’au 17 janvier 2038 et à condition que l’activité de navigation intérieure soit effectuée au début ou à la fin d’un trajet de transport maritime.’.
#987623
AND THIS INDENTURE FURTHER WITNESSETH AND IT IS HEREBY FURTHER AGREED AND DECLARED that the said lands Tenements Hereditaments and Premises hereinbefore conveyed and assigned shall henceforth be known and described as JOHNSTOWN CASTLE AGRICULTURAL COLLEGE and the said Name shall not be hereafter changed And that the said property shall be used by The State exclusively for the purposes of a Lay Agricultural College and for no other purpose whatever And that the District Jubilee Nurse at Rathaspick for the time being shall have the right to reside in the Gate Lodge at Rathaspick delineated on the said Map hereto annexed and thereon coloured Green free of rent rates and taxes and that the obligation of paying the said rates and taxes (if any) and maintaining and keeping in good order repair and condition the said Gate Lodge for the purposes aforesaid shall be a charge upon the said premises hereby conveyed and assigned other than the said Gate Lodge.
The employees retained will receive wages not less than the wages they are now paid, including the perquisites in kind set out in the attached List. Should it prove impracticable for any reason to continue to give any of the perquisites mentioned in that List a Cash equivalent in lieu will be paid. [GA] 3.