Decisión Nº 1223 del Consejo Permanente
In section 14 of the Sale of Goods Act 1979 (implied terms about quality or fitness) for subsection (2) there is substituted—
In section 15 of that Act (sale by sample) in subsection (2)(c) for “rendering them unmerchantable” there is substituted “ making their quality unsatisfactory ”.
In section 35 of the Sale of Goods Act 1979 (acceptance) for the words from “when he intimates” to “(2)” there is substituted—subject to subsection (2) below— .
In section 34 of that Act (buyer to have opportunity to examine goods)—
the words from the beginning to “(2)” are repealed; and
at 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. ”
After section 35 of the Sale of Goods Act 1979 there is inserted the following section—
At the beginning of section 11(4) of that Act (effect of accepting goods) there is inserted “ Subject to section 35A below ”.
Section 30(4) of that Act (rejection of goods not within contract description) is repealed.
After section 15 of the Sale of Goods Act 1979 there is inserted the following—
In section 30 of that Act (delivery of shortfall or excess) after subsection (2) there is inserted—
After section 15A of the Sale of Goods Act 1979, which is inserted by section 4(1) above, there is inserted the following section—
In section 30 of that Act (delivery of shortfall or excess) before subsection (3) there is inserted—
After section 53 of that Act there is inserted the following section—
Schedule 1 to this Act shall have effect for the purpose of making provision equivalent to Part I of the Supply of Goods and Services Act 1982 for Scotland.
Schedule 2 to this Act (which makes minor and consequential amendments of the Sale of Goods Act 1979 and the Uniform Laws on International Sales Act 1967, and makes amendments of enactments relating to the supply of goods corresponding to the amendments of that Act of 1979 made by this Act) shall have effect.
The enactments mentioned in Schedule 3 to this Act are repealed to the extent specified in column 3 of that Schedule.
This Act may be cited as the Sale and Supply of Goods Act 1994.
This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.
This Act has effect in relation to contracts of sale of goods, hire purchase agreements, contracts for the transfer of goods, contracts for the hire of goods and redemptions of trading stamps for goods (as the case may be) made after this Act comes into force.
This Act extends to Northern Ireland.
Section 6.
After Part I of the Supply of Goods and Services Act 1982 there is inserted the following Part—
In section 18(1) of that Act—
in paragraph (b) of the definition of “credit-brokerage” after “bailment” there is inserted “ or as regards Scotland the hire ”;
in the definition of “goods”—
for “include all personal chattels (including” there is substituted “ includes all personal chattels, other than things in action and money, and as regards Scotland all corporeal moveables; and in particular “goods” includes ”;
for “or bailment” there is substituted “ bailment or hire ”;
“), other than things in action and money” is omitted.
In section 18(2) of that Act after “assignment” there is inserted “ assignation ”.
In section 20(6) of that Act after “Act” there is inserted “ except Part IA, which extends only to Scotland ” and for “but not” there is substituted “ and Parts I and II do not extend ”.
Section 7.
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In section 1 of the Uniform Laws on International Sales Act 1967 (application of Uniform Law on the International Sale of Goods) in subsection (4)(c) for “12 to 15” there is substituted “ 12 to 15B ”.
The Supply of Goods (Implied Terms) Act 1973 is amended as follows. In section 8 (implied terms as to title)— In section 9 (bailing or hiring by description)— In section 10 (implied undertakings as to quality or fitness)— In section 11 (samples)— After that section there is inserted the following section— For section 12 (exclusion of implied terms and conditions) there is substituted the following section— After section 12 there is inserted the following section— In section 15 (supplementary)—
The Sale of Goods Act 1979 is amended as follows. In section 11 (when condition to be treated as warranty)— In section 12 (implied terms about title etc.)— In section 13 (sale by description)— In section 14 (implied terms about quality or fitness)— In section 15 (sale by sample)— In section 53 (remedy for breach of warranty) for subsection (5) there is substituted— In section 55 (exclusion of implied terms) in subsection (2) for “condition or warranty” (in both places) there is substituted “ term ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For the heading “Conditions and warranties” that precedes sections 10 to 14 there is substituted the heading “ Implied terms etc. ”.
The Supply of Goods and Services Act 1982 is amended as follows. In section 1 (the contracts concerned), in subsections (1) and (3) after “Act” there is inserted “ in its application to England and Wales and Northern Ireland ”. In section 4 (contracts for transfer: quality or fitness) for subsections (2) and (3) there is substituted—; and subsection (9) is omitted. In section 5 (transfer by sample)— After section 5 there is inserted the following section— In section 6 (the contracts concerned) in subsections (1) and (3) after “Act” there is inserted “ in its application to England and Wales and Northern Ireland ”. In section 9 (contracts for hire: quality or fitness) for subsections (2) and (3) there is substituted—; and subsection (9) is omitted. In section 10 (hire by sample)— After section 10 there is inserted the following section— In section 18 (interpretation) in subsection (1) the definition of “quality” is omitted and at the end of that section there is inserted—
Section 7. Chapter Short title Extent of repeal 1973 c. 13. The Supply of Goods (Implied Terms) Act 1973. In section 15, in subsection (1), the words from “ “condition” and “warranty”” to “material to the agreement” and subsection (2). 1979 c. 54. The Sale of Goods Act 1979. Section 11(5). Section 15(2)(b). Section 30(4). In section 34, the words from the beginning to “(2)”. In section 61, in subsection (1) the definition of “quality” and subsection (2). 1982 c. 29. The Supply of Goods and Services Act 1982. Section 4(9). Section 5(3). Section 9(9). Section 10(3). Section 17(1). In section 18(1), the definition of “quality” and in the definition of “goods” the words “), other than things in action and money”.