25Delivery of wrong quantity
(1)Where the trader delivers to the consumer a quantity of goods less than the trader contracted to supply, the consumer may reject them, but if the consumer accepts them the consumer must pay for them at the contract rate.
(2)Where the trader delivers to the consumer a quantity of goods larger than the trader contracted to supply, the consumer may accept the goods included in the contract and reject the rest, or may reject all of the goods.
(3)Where the trader delivers to the consumer a quantity of goods larger than the trader contracted to supply and the consumer accepts all of the goods delivered, the consumer must pay for them at the contract rate.
(4)Where the consumer is entitled to reject goods under this section, any entitlement for the consumer to treat the contract as at an end depends on the terms of the contract and the circumstances of the case.
(5)The consumer rejects goods under this section by indicating to the trader that the consumer is rejecting the goods.
(6)The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader.
(7)Subsections (1) to (3) do not prevent the consumer claiming damages, where it is open to the consumer to do so.
(8)This section is subject to any usage of trade, special agreement, or course of dealing between the parties.