PART 1Consumer contracts for goods, digital content and services
CHAPTER 2Goods
Other rules about remedies under goods contracts
I126Instalment deliveries
1
Under a contract to supply goods, the consumer is not bound to accept delivery of the goods by instalments, unless that has been agreed between the consumer and the trader.
2
The following provisions apply if the contract provides for the goods to be delivered by stated instalments, which are to be separately paid for.
3
If the trader makes defective deliveries in respect of one or more instalments, the consumer, apart from any entitlement to claim damages, may be (but is not necessarily) entitled—
a
to exercise the short-term right to reject or the right to reject under section 19(6) (as applicable) in respect of the whole contract, or
b
to reject the goods in an instalment.
4
Whether paragraph (a) or (b) of subsection (3) (or neither) applies to a consumer depends on the terms of the contract and the circumstances of the case.
5
In subsection (3), making defective deliveries does not include failing to make a delivery in accordance with section 28.
6
If the consumer neglects or refuses to take delivery of or pay for one or more instalments, the trader may—
a
be entitled to treat the whole contract as at an end, or
b
if it is a severable breach, have a claim for damages but not a right to treat the whole contract as at an end.
7
Whether paragraph (a) or (b) of subsection (6) (or neither) applies to a trader depends on the terms of the contract and the circumstances of the case.