Sunday, 7 April 2013
Sale of Goods - Incorrect product
Q: I refused to pay for some products that I did not order from a supplier. He mixed wanted stock with unwanted stock and has now refused to accept the returns and demands the money be paid.
A: The contract was breached by the suppliers when they supplied goods that were refused from the onset of the agreement. The provision that governs this is the Sale of Goods Act 1895 –Chapter 82:30, as amended. According to Section 31(3):
Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.
Section 35(1) goes further to explain:
Where goods are delivered to the buyer which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract.