Ramesh buys 50 bottles of hair oil bearing a well-known mark from Suresh's shop. The sale bill says…

Section 126 provides that where a mark has been applied to goods on sale, "the seller shall be deemed to warrant that the mark is a genuine mark and not falsely applied". The seller escapes only if "the contrary is expressed in writing signed by or on behalf of the seller" and accepted by the buyer. So a written statement is needed to exclude the warranty, not to create it.