PART 1Consumer contracts for goods, digital content and services

CHAPTER 2Goods

What goods contracts are covered?

3Contracts covered by this Chapter

(1)

This Chapter applies to a contract for a trader to supply goods to a consumer.

(2)

It applies only if the contract is one of these (defined for the purposes of this Part in sections 5 to 8)—

(a)

a sales contract;

(b)

a contract for the hire of goods;

(c)

a hire-purchase agreement;

(d)

a contract for transfer of goods.

(3)

It does not apply—

(a)

to a contract for a trader to supply coins or notes to a consumer for use as currency;

(b)

to a contract for goods to be sold by way of execution or otherwise by authority of law;

(c)

to a contract intended to operate as a mortgage, pledge, charge or other security;

(d)

in relation to England and Wales or Northern Ireland, to a contract made by deed and for which the only consideration is the presumed consideration imported by the deed;

(e)

in relation to Scotland, to a gratuitous contract.

(4)

A contract to which this Chapter applies is referred to in this Part as a “contract to supply goods”.

(5)

Contracts to supply goods include—

(a)

contracts entered into between one part owner and another;

(b)

contracts for the transfer of an undivided share in goods;

(c)

contracts that are absolute and contracts that are conditional.

(6)

Subsection (1) is subject to any provision of this Chapter that applies a section or part of a section to only some of the kinds of contracts listed in subsection (2).

(7)

A mixed contract (see section 1(4)) may be a contract of any of those kinds.