Harper v South Island Holdings Limited - [1959] NZLR 629

Contract — Construction — Exceptions Clause — Purchaser of Second-hand Jeep signing Contract containing Clause Acknowledging Purchase of Jeep, as inspected, in Reliance on Purchaser's Judgment and not on Any Representation by Vendor, and that it was purchased Free of Warranty — Jeep represented as "reconditioned" throughout — Such Representation not Fundamental Term of Contract so as to disentitle Vendor to rely on Exempting Clause — "Reconditioned"

Sale of Goods — Sale of Second-hand Jeep — Sale not by Description — No Condition, as Distinct from Warranty, that Jeep of Merchantable Quality — Purchaser electing to treat Any Implied Condition as Warranty — Exclusion, as Warranty, from Exceptions Clause in Sale Agreement — Sale of Goods Act 1908, s. 16 (b).