The Sale and Supply of Goods to Consumers Regulations 2002 PDF

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This document provides: The Sale and Supply of Goods to Consumers Regulations 2002, Who is a consumer?, When do the additional remedies apply?, Reverse burden of proof, and Repair or replacement of the goods....

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The Sale and Supply of Goods to Consumers Regulations 2002

The Sale and Supply of Goods to Consumers Regulations 2002 were repealed when the CRA 2015 came into force on 1 October 2015. However, as they applied from 31 March 2003 until 1 October 2015, they will still continue to be of relevance for consumer sales made during that period and so are still of importance. The Regulations made amendments to the existing sale of goods legislation by inserting a new Pt 5A (consisting of ss 48A–F) into the SGA 1979, which provided additional remedies to a buyer who ‘deals as consumer.

Who is a consumer?

For the purposes of the Regulations, a consumer is ‘any natural person who … is acting for purposes which are outside his trade, business or profession.

When do the additional remedies apply?

Provided the buyer deals as consumer, the additional remedies will apply if ‘the goods do not conform to the contract of sale at the time of delivery’. Goods will not conform to the contract if there is, in relation to them, a breach of an express term of the contract or a term implied by ss 13, 14, or 15 of the SGA 1979.

Reverse burden of proof

It was observed previously that, provided the buyer deals as consumer, the additional remedies will apply if the goods do not conform to the contract of sale at the time of delivery.

The presumption will be incompatible with the nature of the goods if the goods are not intended to survive six months, such as in the case of perishable foodstuffs. The nature of the lack of conformity relates to the circumstances which show that the lack of conformity is inconsistent with the application of the six-month presumption, because it is more likely that the thing complained about was caused by the consumer.

Repair or replacement of the goods

Where the buyer requires the seller to repair or replace the goods, which under the additional remedies he must do in the first place, the seller must repair or replace them within a reasonable time without causing significant inconvenience to the buyer.

This means that goods that are time-sensitive, such as a wedding dress, will need to be repaired or replaced more speedily than, for example, a dress purchased for a holiday to be taken in six months’ time. No doubt, in due course, the courts will rule on what amounts to ‘significant inconvenience’, although it seems that sellers will often be in a good position to prevent it.

Where the buyer has requested either of the repair or replacement remedies and the seller fails to comply, then, on the application of the buyer, the court may make an order requiring specific performance by the seller of his obligation to repair or replace the goods....