Sale and Supply of Goods Act 1994
| Jurisdiction | UK Non-devolved |
(1) In section 14 of the Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.fitness for all the purposes for which goods of the kind in question are commonly supplied,appearance and finish,freedom from minor defects,safety, anddurability.which is specifically drawn to the buyer’s attention before the contract is made,where the buyer examines the goods before the contract is made, which that examination ought to reveal, orin the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.(2) In section 15 of that Act (sale by sample) in subsection (2) (c) for “rendering them unmerchantable” there is substituted “ making their quality unsatisfactory ” .(1) In section 35 of the when he intimates to the seller that he has accepted them, orwhen the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.of ascertaining whether they are in conformity with the contract, andin the case of a contract for sale by sample, of comparing the bulk with the sample.Where the buyer deals as consumer or (in Scotland) the contract of sale is a consumer contract, the buyer cannot lose his right to rely on subsection (2) above by agreement, waiver or otherwise.The buyer is also deemed to have accepted the goods when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.The questions that are material in determining for the purposes of subsection (4) above whether a reasonable time has elapsed include whether the buyer has had a reasonable opportunity of examining the goods for the purpose mentioned in subsection (2) above.he asks for, or agrees to, their repair by or under an arrangement with the seller, orthe goods are delivered to another under a sub-sale or other disposition.Where the contract is for the sale of goods making one or more commercial units, a buyer accepting any goods included in a unit is deemed to have accepted all the goods making the unit; and in this subsection “commercial unit” means a unit division of which would materially impair the value of the goods or the character of the unit.the words from the beginning to “(2) ” are repealed; andat the end of that section there is inserted “ and, in the case of a contract for sale by sample, of comparing the bulk with the sample. ” (1) After section 35 of the has the right to reject the goods by reason of a breach on the part of the seller that affects some or all of them, butaccepts some of the goods, including, where there are any goods unaffected by the breach, all such goods,In the case of a buyer having the right to reject an instalment of goods, subsection (1) above applies as if references to the goods were references to the goods comprised in the instalment.For the purposes of subsection (1) above, goods are affected by a breach if by reason of the breach they are not in conformity with the contract.This section applies unless a contrary intention appears in, or is to be implied from, the contract.(2) At the beginning of section 11(4) of that Act (effect of accepting goods) there is inserted “ Subject to section 35A below ” .(3) Section 30(4) of that Act (rejection of goods not within contract description) is repealed.(1) After section 15 of the the buyer would, apart from this subsection, have the right to reject goods by reason of a breach on the part of the seller of a term implied by section 13, 14 or 15 above, butthe breach is so slight that it would be unreasonable for him to reject them,This section applies unless a contrary intention appears in, or is to be implied from, the contract.It is for the seller to show that a breach fell within subsection (1) (b) above.This section does not apply to Scotland.(2) In section 30 of that Act (delivery of shortfall or excess) after subsection (2) there is inserted—
- “(2A) A buyer who does not deal as consumer may not—
- (a) where the seller delivers a quantity of goods less than he contracted to sell, reject the goods under subsection (1) above, or
- (b) where the seller delivers a quantity of goods larger than he contracted to sell, reject the whole under subsection (2) above, if the shortfall or, as the case may be, excess is so slight that it would be unreasonable for him to do so.
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