Implied Terms about Quality and Fitness in the Sale of Goods Act 1979 (UK), Exams of Law

Download Implied Terms about Quality and Fitness in the Sale of Goods Act 1979 (UK) and more Exams Law in PDF only on Docsity! Status: Point in time view as at 01/10/2015. Changes to legislation: There are currently no known outstanding effects for the Sale and Supply of Goods Act 1994. (See end of Document for details) Sale and Supply of Goods Act 1994 1994 CHAPTER 35 An Act to amend the law relating to the sale of goods; to make provision as to the terms to be implied in certain agreements for the transfer of property in or the hire of goods, in hire-purchase agreements and on the exchange of goods for trading stamps and as to the remedies for breach of the terms of such agreements; and for connected purposes. [3rd November 1994] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Commencement Information I1 Act wholly in force on 3.1.1995. See s. 8(2). Provisions relating to the United Kingdom 1 Implied term about quality. (1) In section 14 of the M1Sale of Goods Act 1979 (implied terms about quality or fitness) for subsection (2) there is substituted— “(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract 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aspects of the quality of goods— 2 Sale and Supply of Goods Act 1994 (c. 35) Document Generated: 2021-08-22 Status: Point in time view as at 01/10/2015. Changes to legislation: There are currently no known outstanding effects for the Sale and Supply of Goods Act 1994. (See end of Document for details) (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 buyer’s attention before the contract is made, (b) where the buyer examines the goods before the contract is made, which that examination ought to reveal, or (c) in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.” (2) In section 15 of that Act (sale by sample) in subsection (2)(c) for “rendering them unmerchantable” there is substituted “ making their quality unsatisfactory ”. Marginal Citations M1 1979 c. 54. 2 Acceptance of goods and opportunity to examine them. (1) In section 35 of the M2Sale of Goods Act 1979 (acceptance) for the words from “when he intimates” to “(2)” there is substituted— “subject to subsection (2) below— (a) when he intimates to the seller that he has accepted them, or (b) when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller. (2) Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose— (a) of ascertaining whether they are in conformity with the contract, and (b) in the case of a contract for sale by sample, of comparing the bulk with the sample. (3) Where the buyer deals as consumer or (in Scotland) the contract of sale is a consumer contract, the buyer cannot lose his right to rely on subsection (2) above by agreement, waiver or otherwise. (4) The buyer is also deemed to have accepted the goods when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them. (5) The questions that are material in determining for the purposes of subsection (4) above whether a reasonable time has elapsed include whether the buyer has had a reasonable opportunity of examining the goods for the purpose mentioned in subsection (2) above. Sale and Supply of Goods Act 1994 (c. 35) Document Generated: 2021-08-22 5 Status: Point in time view as at 01/10/2015. Changes to legislation: There are currently no known outstanding effects for the Sale and Supply of Goods Act 1994. (See end of Document for details) Marginal Citations M4 1979 c. 54. Provisions relating to Scotland 5 Remedies for breach of contract. (1) After section 15A of the M5Sale of Goods Act 1979, which is inserted by section 4(1) above, there is inserted the following section— “15B Remedies for breach of contract as respects Scotland. (1) Where in a contract of sale the seller is in breach of any term of the contract (express or implied), the buyer shall be entitled— (a) to claim damages, and (b) if the breach is material, to reject any goods delivered under the contract and treat it as repudiated. (2) Where a contract of sale is a consumer contract, then, for the purposes of subsection (1)(b) above, breach by the seller 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, sold by description, that the goods will correspond with the description, (c) if the goods are, or are to be, sold by reference to a sample, that the bulk will correspond with the sample in quality, shall be deemed to be a material breach. (3) This section applies to Scotland only.” (2) In section 30 of that Act (delivery of shortfall or excess) before subsection (3) there is inserted— “(2D) Where the seller delivers a quantity of goods— (a) less than he contracted to sell, the buyer shall not be entitled to reject the goods under subsection (1) above, (b) larger than he contracted to sell, the buyer shall not be entitled to reject the whole under subsection (2) above, unless the shortfall or excess is material. (2E) Subsection (2D) above applies to Scotland only.” (3) After section 53 of that Act there is inserted the following section— “53A Measure of damages as respects Scotland. (1) The measure of damages for the seller’s breach of contract is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach. 6 Sale and Supply of Goods Act 1994 (c. 35) Document Generated: 2021-08-22 Status: Point in time view as at 01/10/2015. Changes to legislation: There are currently no known outstanding effects for the Sale and Supply of Goods Act 1994. (See end of Document for details) (2) Where the seller’s breach consists of the delivery of goods which are not of the quality required by the contract and the buyer retains the goods, such loss as aforesaid is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had fulfilled the contract. (3) This section applies to Scotland only.” Marginal Citations M5 1979 c. 54. 6 Provision equivalent to Part I of Supply of Goods and Services Act 1982. Schedule 1 to this Act shall have effect for the purpose of making provision equivalent to Part I of the M6Supply of Goods and Services Act 1982 for Scotland. Marginal Citations M6 1982 c. 29. General 7 Amendments and repeals. (1) Schedule 2 to this Act (which makes minor and consequential amendments of the M7Sale of Goods Act 1979 and the M8Uniform 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. (2) The enactments mentioned in Schedule 3 to this Act are repealed to the extent specified in column 3 of that Schedule. Marginal Citations M7 1979 c. 54. M8 1967 c. 45. 8 Short title, commencement and extent. (1) This Act may be cited as the Sale and Supply of Goods Act 1994. (2) This Act shall come into force at the end of the period of two months beginning with the day on which it is passed. (3) 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. (4) This Act extends to Northern Ireland. Sale and Supply of Goods Act 1994 (c. 35) SCHEDULE 1 – Provision equivalent to Part I of Supply of Goods and Services Act 1982 for Scotland Document Generated: 2021-08-22 7 Status: Point in time view as at 01/10/2015. Changes to legislation: There are currently no known outstanding effects for the Sale and Supply of Goods Act 1994. (See end of Document for details) S C H E D U L E S SCHEDULE 1 Section 6. PROVISION EQUIVALENT TO PART I OF SUPPLY OF GOODS AND SERVICES ACT 1982 FOR SCOTLAND 1 After Part I of the M9Supply of Goods and Services Act 1982 there is inserted the following Part— “PART IA SUPPLY OF GOODS AS RESPECTS SCOTLAND Contracts for the transfer of property in goods The contracts concerned. 11A The contracts concerned. (1) In this Act in its application to Scotland a “contract for the transfer of goods” means a contract under which one person transfers or agrees to transfer to another the property in goods, other than an excepted contract. (2) For the purposes of this section an excepted contract means any of the following— (a) a contract of sale of goods; (b) a hire-purchase agreement; (c) a contract under which the property in goods is (or is to be) transferred in exchange for trading stamps on their redemption; (d) a transfer or agreement to transfer for which there is no consideration; (e) a contract intended to operate by way of mortgage, pledge, charge or other security. (3) For the purposes of this Act in its application to Scotland a contract is a contract for the transfer of goods whether or not services are also provided or to be provided under the contract, and (subject to subsection (2) above) whatever is the nature of the consideration for the transfer or agreement to transfer. Implied terms about title, etc. 11B Implied terms about title, etc. (1) In a contract for the transfer of goods, other than one to which subsection (3) below applies, there is an implied term on the part of the transferor that in 10 Sale and Supply of Goods Act 1994 (c. 35) SCHEDULE 1 – Provision equivalent to Part I of Supply of Goods and Services Act 1982 for Scotland Document Generated: 2021-08-22 Status: Point in time view as at 01/10/2015. Changes to legislation: There are currently no known outstanding effects for the Sale and Supply of Goods Act 1994. (See end of Document for details) (8) An implied term about quality or fitness for a particular purpose may be annexed by usage to a contract for the transfer of goods. (9) The preceding provisions of this section apply to a transfer by a person who in the course of a business is acting as agent for another as they apply to a transfer by a principal in the course of a business, except where that other is not transferring in the course of a business and either the transferee knows that fact or reasonable steps are taken to bring it to the transferee’s notice before the contract concerned is made. Implied terms where transfer is by sample. 11E Implied terms where transfer is by sample. (1) This section applies where, under a contract for the transfer of goods, the transferor transfers or agrees to transfer the property in the goods by reference to a sample. (2) In such a case there is an implied term— (a) that the bulk will correspond with the sample in quality; (b) that the transferee will have a reasonable opportunity of comparing the bulk with the sample; and (c) that the goods will be free from any defect, making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample. (3) For the purposes of this section a transferor transfers or agrees to transfer the property in goods by reference to a sample where there is an express or implied term to that effect in the contract concerned. Remedies for breach of contract. 11F Remedies for breach of contract. (1) Where in a contract for the transfer of goods a transferor is in breach of any term of the contract (express or implied), the other party to the contract (in this section referred to as “the transferee”) shall be entitled— (a) to claim damages; and (b) if the breach is material, to reject any goods delivered under the contract and treat it as repudiated. (2) Where a contract for the transfer of goods is a consumer contract and the transferee is the consumer, then, for the purposes of subsection (1)(b) above, breach by the transferor 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, transferred by description, that the goods will correspond with the description; (c) if the goods are, or are to be, transferred 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 1977 Act; and for the purposes of that subsection the Sale and Supply of Goods Act 1994 (c. 35) SCHEDULE 1 – Provision equivalent to Part I of Supply of Goods and Services Act 1982 for Scotland Document Generated: 2021-08-22 11 Status: Point in time view as at 01/10/2015. Changes to legislation: There are currently no known outstanding effects for the Sale and Supply of Goods Act 1994. (See end of Document for details) onus of proving that a contract is not to be regarded as a consumer contract shall lie on the transferor. Contracts for the hire of goods The contracts concerned. 11G The contracts concerned. (1) In this Act in its application to Scotland a “contract for the hire of goods” means a contract under which one person (“the supplier”) hires or agrees to hire goods to another, other than an excepted contract. (2) For the purposes of this section, an excepted contract means any of the following— (a) a hire-purchase agreement; (b) a contract under which goods are (or are to be) hired in exchange for trading stamps on their redemption. (3) For the purposes of this Act in its application to Scotland a contract is a contract for the hire of goods whether or not services are also provided or to be provided under the contract, and (subject to subsection (2) above) whatever is the nature of the consideration for the hire or agreement to hire. Implied terms about right to transfer possession etc. 11H Implied terms about right to transfer possession etc. (1) In a contract for the hire of goods there is an implied term on the part of the supplier that— (a) in the case of a hire, he has a right to transfer possession of the goods by way of hire for the period of the hire; and (b) in the case of an agreement to hire, he will have such a right at the time of commencement of the period of the hire. (2) In a contract for the hire of goods there is also an implied term that the person to whom the goods are hired will enjoy quiet possession of the goods for the period of the hire except so far as the possession may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance disclosed or known to the person to whom the goods are hired before the contract is made. (3) The preceding provisions of this section do not affect the right of the supplier to repossess the goods under an express or implied term of the contract. Implied terms where hire is by description. 11I Implied terms where hire is by description. (1) This section applies where, under a contract for the hire of goods, the supplier hires or agrees to hire the goods by description. (2) In such a case there is an implied term that the goods will correspond with the description. 12 Sale and Supply of Goods Act 1994 (c. 35) SCHEDULE 1 – Provision equivalent to Part I of Supply of Goods and Services Act 1982 for Scotland Document Generated: 2021-08-22 Status: Point in time view as at 01/10/2015. Changes to legislation: There are currently no known outstanding effects for the Sale and Supply of Goods Act 1994. (See end of Document for details) (3) If under the contract the supplier hires or agrees to hire the goods by reference to a sample as well as by description it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description. (4) A contract is not prevented from falling within subsection (1) above by reason only that, being exposed for supply, the goods are selected by the person to whom the goods are hired. Implied terms about quality or fitness. 11J Implied terms about quality or fitness. (1) Except as provided by this section and section 11K below and subject to the provisions of any other enactment, there is no implied term about the quality or fitness for any particular purpose of goods hired under a contract for the hire of goods. (2) Where, under such a contract, the supplier hires goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality. (3) For the purposes of this section and section 11K below, 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 consideration for the hire (if relevant) and all the other relevant circumstances. (4) 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 hired before the contract is made, or (b) where that person examines the goods before the contract is made, which that examination ought to reveal; or (c) where the goods are hired by reference to a sample, which would have been apparent on reasonable examination of the sample. (5) Subsection (6) below applies where, under a contract for the hire of goods, the supplier hires goods in the course of a business and the person to whom the goods are hired, expressly or by implication, makes known— (a) to the supplier in the course of negotiations conducted by him in relation to the making of the contract; or (b) to a credit-broker in the course of negotiations conducted by that broker in relation to goods sold by him to the supplier before forming the subject matter of the contract, any particular purpose for which the goods are being hired. (6) In that case there is (subject to subsection (7) below) an implied term that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied. (7) Subsection (6) above does not apply where the circumstances show that the person to whom the goods are hired does not rely, or that it is unreasonable for him to rely, on the skill or judgment of the hirer or credit-broker. Sale and Supply of Goods Act 1994 (c. 35) SCHEDULE 2 – Minor and consequential amendments Document Generated: 2021-08-22 15 Status: Point in time view as at 01/10/2015. Changes to legislation: There are currently no known outstanding effects for the Sale and Supply of Goods Act 1994. (See end of Document for details) (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— 16 Sale and Supply of Goods Act 1994 (c. 35) SCHEDULE 2 – Minor and consequential amendments Document Generated: 2021-08-22 Status: Point in time view as at 01/10/2015. Changes to legislation: There are currently no known outstanding effects for the Sale and Supply of Goods Act 1994. (See end of Document for details) “(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. “11A “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. “12 “12 Exclusion of implied terms. An express term does not negative a term implied by this Act unless inconsistent with it.” Sale and Supply of Goods Act 1994 (c. 35) SCHEDULE 2 – Minor and consequential amendments Document Generated: 2021-08-22 17 Status: Point in time view as at 01/10/2015. Changes to legislation: There are currently no known outstanding effects for the Sale and Supply of Goods Act 1994. (See end of Document for details) (8) After section 12 there is inserted the following section— “12A Remedies for breach of hire-purchase agreement as respects Scotland. “12A “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 ”. The Sale of Goods Act 1979 (c. 54) 5 (1) The Sale of Goods Act 1979 is amended as follows. (2) In section 11 (when condition to be treated as warranty)— (a) for subsection (1) there is substituted — “(1) This section does not apply to Scotland.”; and (b) subsection (5) is omitted. (3) In section 12 (implied terms about title etc.)— (a) for “condition” (in subsection (1)) and for “warranty” (in subsections (2), (4) and (5)) there is substituted “ term ”; and (b) after subsection (5) there is inserted— 20 Sale and Supply of Goods Act 1994 (c. 35) SCHEDULE 2 – Minor and consequential amendments Document Generated: 2021-08-22 Status: Point in time view as at 01/10/2015. Changes to legislation: There are currently no known outstanding effects for the Sale and Supply of Goods Act 1994. (See end of Document for details) “(2) Where, under such a contract, the bailor bails goods in the course of a business, there is an implied condition that the goods supplied under the contract are of satisfactory quality. (2A) For the purposes of this section and section 10 below, 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 consideration for the bailment (if relevant) and all the other relevant circumstances. (3) The condition implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory— (a) which is specifically drawn to the bailee’s attention before the contract is made, (b) where the bailee examines the goods before the contract is made, which that examination ought to reveal, or (c) where the goods are bailed by reference to a sample, which would have been apparent on a reasonable examination of the sample.”; and subsection (9) is omitted. (8) In section 10 (hire by sample)— (a) in subsection (2)(c), for “rendering them unmerchantable” there is substituted “ making their quality unsatisfactory ”; and (b) subsection (3) is omitted. (9) After section 10 there is inserted the following section— “10A Modification of remedies for breach of statutory condition in non- consumer cases. “10A “10A Modification of remedies for breach of statutory condition in non-consumer cases. (1) Where in the case of a contract for the hire of goods— (a) the bailee would, apart from this subsection, have the right to treat the contract as repudiated by reason of a breach on the part of the bailor of a term implied by section 8, 9 or 10(2)(a) or (c) above, but (b) the breach is so slight that it would be unreasonable for him to do so, then, if the bailee 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 contract. (3) It is for the bailor to show that a breach fell within subsection (1)(b) above.” (10) In section 18 (interpretation) in subsection (1) the definition of “quality” is omitted and at the end of that section there is inserted— “(3) 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, Sale and Supply of Goods Act 1994 (c. 35) SCHEDULE 3 – Repeals Document Generated: 2021-08-22 21 Status: Point in time view as at 01/10/2015. Changes to legislation: There are currently no known outstanding effects for the Sale and Supply of Goods Act 1994. (See end of Document for details) (b) appearance and finish, (c) freedom from minor defects, (d) safety, and (e) durability. (4) References in this Act to dealing as consumer are to be construed in accordance with Part I of the Unfair Contract Terms Act 1977; and, for the purposes of this Act, it is for the transferor or bailor claiming that the transferee or bailee does not deal as consumer to show that he does not.” SCHEDULE 3 Section 7. REPEALS 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”. 22 Sale and Supply of Goods Act 1994 (c. 35) Document Generated: 2021-08-22 Status: Point in time view as at 01/10/2015. Changes to legislation: There are currently no known outstanding effects for the Sale and Supply of Goods Act 1994.