Supply of Goods and Services Act 1982
| Jurisdiction | UK Non-devolved |
(1) In this Act F1in its application to England and Wales and Northern Irelanda “F49relevant 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 contractF53, and other than a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies.a contract of sale of goods;a hire-purchase agreement;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;a contract intended to operate by way of mortgage, pledge, charge or other security.(3) For the purposes of this Act F1in its application to England and Wales and Northern Irelanda contract is a F49relevant 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.(1) In a F49relevant 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.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, andthe 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 F49relevant 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.the transferor;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;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.(1) This section applies where, under a F49relevant contract for the transfer of goods, the transferor transfers or agrees to transfer the property in the goods by description.(2) In such a 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.(1) Except as provided by this section and section 5 below and subject to the
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