Where a contract contains specific remedial provisions for breach of a warranty, those provisions do not constitute an exclusive code of remedies precluding a common law claim for damages unless the contract clearly so provides. A contractual notice that omits to specify a time period required by the relevant clause may nonetheless be valid if a reasonable commercial recipient, knowing the terms of the contract, would have been in no doubt as to the obligation and timeframe. A concession made at trial based on a mistaken understanding of facts or law may be withdrawn on appeal where the issue is one of law, no further evidence would be required, and the opposing party suffers no prejudice.
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