1. The Sale of Goods and Supply of Services Act 1980
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2. Main Provisions of this Act
Offers protection to the consumer, when he purchases or hires new goods or services from a business for his own personal use.
The retailer (seller) of the goods is the one responsible to the buyer to uphold the rights of the buyer, hence they cannot refer the buyer to the manufacturer faulty goods.
If the goods or service are unsatisfactory then the buyer is entitled to a refund, repair or replacement.
This act offers no legal rights to the customer to return goods that they simply do not like or want after they purchased them.
The office of the Director of Consumer Affairs, which was established under the Consumer Information Act 1978, was given the additional function to oversee the implementation of this act.
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3. Rights of the buyer of goods
Goods should be as described.
Goods should be of merchantable quality.
Goods should fulfill a specific purpose.
Goods should have no encumbrances.
Buyer should be provided with an opportunity to examine the goods.
Spare parts should be available.
Illegal notices are prohibited.
Goods bought on Hire Purchase come with the same rights.
Goods bought from agents come with the same rights.
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4. Goods should be as described
Ham sandwich
A brown teddy must be brown
This roll should have ham in it.
Not green
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5. Goods should be of merchantable quality
Goods are of merchant quality, if they are fit for the purpose or purposes for which goods of that kind are commonly bought and are as durable as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other relevant circumstances.
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6. Merchantable Quality
If states it is a calculator, then it should do basic calculations.
A clock should tell the time accurately.
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7. Illegal notices Sale goods Credit Notes are No Refunds. cannot be
not satisfactory
compensation for
unsatisfactory goods
No Refunds.
Credit Notes Only.
Sale goods
cannot be
Returned
This does not effect
your statutory rights.
Sale goods
cannot be
returned
Should read
Illegal because
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8. Sale of Vehicles
If someone sells a vehicle to another person, there is an implied condition that at the time of delivery of the vehicle it is free from any defect, which would render it a danger to the public, including persons traveling in the vehicle.
The only situations that this condition does not apply are when the buyer and seller agree before the vehicle is handed over that the vehicle will not be used or when the buyer is dealing in motor vehicles.
When a vehicle is bought in the garage a certificate in writing must be given to the buyer by or on behalf of the seller to the effect that the vehicle is, at the time of delivery, free from any defect, which would render it a danger to the public, including persons traveling in the vehicle.
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9. Supply of services The supplier should have the necessary skill.
The service should be performed with due skill, care and diligence.
The materials used should be sound and reasonably fit for the purpose.
That the goods supplied will be of merchantable quality.
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10. Inertia Selling or Unsolicited Goods
This is when goods are sent to someone without them having been ordered by the receiver or by someone on his behalf.
Did not believe this fellow existed???
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11. Who does Unsolicited Goods belong to?
The receiver in the following situations:
If the sender did not take possession of the goods within six months and the receiver did not unreasonably stop them doing so.
The receiver wrote to the sender stating his name and address, where the goods can be collected and the fact that they were unsolicited goods and after this correspondence the sender did not take possession of the goods within 30 days, nor did the recipient refuse to permit the sender to do so.
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12. Guarantees
A guarantee is a written document supplied by a manufacturer or other supplier, but not a retailer promising that they will service, repair or provide some form of after sales service.
Guarantees do not limit the buyer’s statutory rights.
The buyer of the goods in this section will be anyone, who obtains title to the goods during the duration of the guarantee.
If the seller of goods delivers a guarantee to the buyer, then the seller shall be liable to the buyer for the observance of the terms of the guarantee as if he were the guarantor, unless he indicates the contrary to the buyer at the time of delivery.
The guarantee has to be clearly legible and only refer to specific goods or one category of goods.
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13. A Guarantee must contain the following information:
The name and address of the person supplying the guarantee.
Duration from the date of purchase, but different parts of the object can be guaranteed for different periods of time.
Procedure to be followed to claim the rights of the guarantee.
What the manufacturer or supplier intends to do to uphold the guarantee.
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14. A warranty
Is when the seller breaches a non-essential condition of the sales agreement.
While the buyer is entitled to compensation for this breach on most cases, they will not be entitled to cancel the contract.
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15. Names in Directories
This act states that before anyone’s name or the name of their company can appear in a directory, they must sign a written agreement.
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16. This written agreement must state
The cost if any of inclusion in the directory.
The proposed date of publication of the directory or of the issue in which the entry is to be included.
The name and address of the person producing the directory.
If the directory or that issue is to be put on sale, the price at which it is to be offered for sale.
The minimum number of copies, which are to be distributed or sold.
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17. The Sale of Goods and Supply of Services Act 1980
The end
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