What are the implied warranty and condition provisions at s. 18 of the Sale of Goods Act?
British Columbia, Canada
The following excerpt is from Leemhuis v Kardash Plumbing Ltd., 2018 BCSC 1137 (CanLII):
The implied warranty and condition provisions at s. 18 of the Sale of Goods Act only apply to contracts for the sale of goods or to work and material contracts, in the latter case where the supply of goods is more than merely incidental to what is primarily a contract for services. Whether a contract is primarily one for the sale of goods or primarily one for services depends on the essential character of the agreement: Ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674 at para. 67.
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