Supply of Goods and Services Act 1982
| Jurisdiction | UK Non-devolved |
| Citation | 1982 c. 29 |
| Year | 1982 |
Supply of Goods andServices Act 1982
1982 CHAPTER 29
An Act to amend the law with respect to the terms to be implied in certain contracts for the transfer of the property in goods, in certain contracts for the hire of goods and in certain contracts for the supply of a service; and for connected purposes.
[13th July 1982]
B e 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:—
Part I
Supply of Goods
Contracts for the transfer of property in goods
1 The contracts concerned.
(1) In this Act 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 which is made by deed and for which there is no consideration other than the presumed consideration imported by the deed;
( e ) a contract intended to operate by way of mortgage, pledge, charge or other security.
(3) For the purposes of this Act 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.
2 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 condition on the part of the transferor that in the case of a transfer of the property in the goods he has a right to transfer the property and in the case of an agreement to transfer the property in the goods he will have such a right at the time when the property is to be transferred.
(2) In a contract for the transfer of goods, other than one to which subsection (3) below applies, there is also an implied warranty that—
( a ) the goods are free, and will remain free until the time when the property is to be transferred, from any charge or encumbrance not disclosed or known to the transferee before the contract is made, and
( b ) the transferee will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known.
(3) This subsection applies to a contract for the transfer of goods in the case of which there appears from the contract or is to be inferred from its circumstances an intention that the transferor should transfer only such title as he or a third person may have.
(4) In a contract to which subsection (3) above applies there is an implied warranty that all charges or encumbrances known to the transferor and not known to the transferee have been disclosed to the transferee before the contract is made.
(5) In a contract to which subsection (3) above applies there is also an implied warranty that none of the following will disturb the transferee's quiet possession of the goods, namely—
( a ) the transferor;
( b ) in a case where the parties to the contract intend that the transferor should transfer only such title as a third person may have, that person;
( c ) anyone claiming through or under the transferor or that third person otherwise than under a charge or encumbrance disclosed or known to the transferee before the contract is made.
3 Implied terms where transfer is by description.
(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 description.
(2) In such case there is an implied condition that the goods will correspond with the description.
(3) If the transferor transfers or agrees to transfer the property in the goods by 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 transferee.
4 Implied terms about quality or fitness.
(1) Except as provided by this section and section 5 below and subject to the provisions of any other enactment, there is no implied condition or warranty about the quality or fitness for any particular purpose of goods supplied under a contract for the transfer of goods.
(2) Where, under such a contract, the transferor transfers the property in goods in the course of a business, there is (subject to subsection (3) below) an implied condition that the goods supplied under the contract are of merchantable quality.
(3) There is no such condition as is mentioned in subsection (2) above—
( a ) as regards defects specifically drawn to the transferee's attention before the contract is made; or
( b ) if the transferee examines the goods before the contract is made, as regards defects which that examination ought to reveal.
(4) Subsection (5) below applies where, under a contract for the transfer of goods, the transferor transfers the property in goods in the course of a business and the transferee, expressly or by implication, makes known—
( a ) to the transferor, or
( b ) where the consideration or part of the consideration for the transfer is a sum payable by instalments and the goods were previously sold by a credit-broker to the transferor, to that credit-broker,
any particular purpose for which the goods are being acquired.
(5) In that case there is (subject to subsection (6) below) an implied condition 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.
(6) Subsection (5) above does not apply where the circumstances show that the transferee does not rely, or that it is unreasonable for him to rely, on the skill or judgment of the transferor or credit-broker.
(7) An implied condition or warranty about quality or fitness for a particular purpose may be annexed by usage to a contract for the transfer of goods.
(8) 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.
(9) Goods of any kind are of merchantable quality within the meaning of subsection (2) above if they are as fit for the purpose or purposes for which goods of that kind are commonly supplied as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other relevant circumstances.
5 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 condition—
( a ) that the bulk will correspond with the sample in quality; and
( 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, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.
(3) In subsection (2)( c ) above ‘unmerchantable’ is to be construed in accordance with section 4(9) above.
(4) 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.
Contracts for the hire of goods
6 The contracts concerned.
(1) In this Act a ‘contract for the hire of goods’ means a contract under which one person bails or agrees to bail goods to another by way of hire, 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) bailed in exchange for trading stamps on their redemption.
(3) For the purposes of this Act 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 bailment or agreement to bail by way of hire.
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