Search Legislation

Sale and Supply of Goods Act 1994

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Sale and Supply of Goods Act 1994. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Commencement Orders yet to be applied to the Sale and Supply of Goods Act 1994

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

4(1)The Supply of Goods (Implied Terms) Act 1973 is amended as follows.E+W+S+N.I.

(2)In section 8 (implied terms as to title)—

(a)for “condition” (in subsection (1)(a)) and for “warranty” (in subsections (1)(b), (2)(a) and (2)(b)) there is substituted “ term ”; and

(b)at the end of that section there is inserted—

(3)As regards England and Wales and Northern Ireland, the term implied by subsection (1)(a) above is a condition and the terms implied by subsections (1)(b), (2)(a) and (2)(b) above are warranties.

(3)In section 9 (bailing or hiring by description)—

(a)in subsection (1) for “condition” there is substituted “ term ”; and

(b)after that subsection there is inserted—

(1A)As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition.

(4)In section 10 (implied undertakings as to quality or fitness)—

(a)for subsection (2) there is substituted—

(2)Where the creditor bails or hires goods under a hire purchase agreement in the course of a business, there is an implied term that the goods supplied under the agreement are of satisfactory quality.

(2A)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.

(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b)appearance and finish,

(c)freedom from minor defects,

(d)safety, and

(e)durability.

(2C)The term implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory—

(a)which is specifically drawn to the attention of the person to whom the goods are bailed or hired before the agreement is made,

(b)where that person examines the goods before the agreement is made, which that examination ought to reveal, or

(c)where the goods are bailed or hired by reference to a sample, which would have been apparent on a reasonable examination of the sample;

(b)for “condition or warranty” (in subsections (1) and (4)) and for “condition” (in subsection (3)) there is substituted “ term ”; and

(c)after subsection (6) there is inserted—

(7)As regards England and Wales and Northern Ireland, the terms implied by subsections (2) and (3) above are conditions.

(5)In section 11 (samples)—

(a)at the beginning there is inserted “ (1) ”;

(b)for “condition” there is substituted “ term ”;

(c)in paragraph (c) for “rendering them unmerchantable” there is substituted “ making their quality unsatisfactory ”; and

(d)at the end there is inserted—

(2)As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition.

(6)After that section there is inserted the following section—

11A Modification of remedies for breach of statutory condition in non-consumer cases.

(1)Where in the case of a hire purchase agreement—

(a)the person to whom goods are bailed would, apart from this subsection, have the right to reject them by reason of a breach on the part of the creditor of a term implied by section 9, 10 or 11(1)(a) or (c) above, but

(b)the breach is so slight that it would be unreasonable for him to reject them,

then, if the person to whom the goods are bailed does not deal as consumer, the breach is not to be treated as a breach of condition but may be treated as a breach of warranty.

(2)This section applies unless a contrary intention appears in, or is to be implied from, the agreement.

(3)It is for the creditor to show—

(a)that a breach fell within subsection (1)(b) above, and

(b)that the person to whom the goods were bailed did not deal as consumer.

(4)The references in this section to dealing as consumer are to be construed in accordance with Part I of the Unfair Contract Terms Act 1977.

(5)This section does not apply to Scotland.

(7)For section 12 (exclusion of implied terms and conditions) there is substituted the following section—

12 Exclusion of implied terms.

An express term does not negative a term implied by this Act unless inconsistent with it.

(8)After section 12 there is inserted the following section—

12A Remedies for breach of hire-purchase agreement as respects Scotland.

(1)Where in a hire-purchase agreement the creditor is in breach of any term of the agreement (express or implied), the person to whom the goods are hired shall be entitled—

(a)to claim damages, and

(b)if the breach is material, to reject any goods delivered under the agreement and treat it as repudiated.

(2)Where a hire-purchase agreement is a consumer contract, then, for the purposes of subsection (1) above, breach by the creditor of any term (express or implied)—

(a)as to the quality of the goods or their fitness for a purpose,

(b)if the goods are, or are to be, hired by description, that the goods will correspond with the description,

(c)if the goods are, or are to be, hired by reference to a sample, that the bulk will correspond with the sample in quality,

shall be deemed to be a material breach.

(3)In subsection (2) above “consumer contract” has the same meaning as in section 25(1) of the Unfair Contract Terms Act 1977; and for the purposes of that subsection the onus of proving that a hire-purchase agreement is not to be regarded as a consumer contract shall lie on the creditor.

(4)This section applies to Scotland only.

(9)In section 15 (supplementary)—

(a)in subsection (1), the words from “ “condition” and “warranty”” to “material to the agreement” are omitted;

(b)subsection (2) is omitted; and

(c)in subsection (4), for “condition or warranty” there is substituted “ term ”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources