Clause 10

Subject to subsection (2), the buyer is deemed to have accepted the goods —

when he intimates to the seller that he has accepted them; or

when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.(2) Where goods are delivered to the buyer and he has not previously examined them, he is not deemed to have accepted them under subsection (1) until he has had a reasonable opportunity of examining them for the purpose —

of ascertaining whether they are in conformity with the contract; and

in the case of a contract for sale by sample, of comparing the bulk with the sample.(3) Where the buyer deals as consumer, the buyer cannot lose his right to rely on subsection (2) by agreement, waiver or otherwise.(4) The buyer is also deemed to have accepted the goods when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.(5) The questions that are material in determining for the purposes of subsection (4) whether a reasonable time has elapsed include whether the buyer has had a reasonable opportunity of examining the goods for the purpose mentioned in subsection (2).(6) The buyer is not by virtue of this section deemed to have accepted the goods merely because —

he asks for, or agrees to, their repair by or under an arrangement with the seller; or

the goods are delivered to another under a sub-sale or other disposition.(7) Where the contract is for sale of goods making one or more commercial units, a buyer accepting any goods included in a unit is deemed to have accepted all the goods making the unit; and in this subsection, “commercial unit” means a unit division of which would materially impair the value of the goods or the character of the unit.(8) Paragraph 8 of the Schedule applies in relation to a contract made before 22nd April 1967.Right of partial rejection35A.—

If the buyer —

has the right to reject the goods by reason of a breach on the part of the seller that affects some or all of them; but(b)accepts some of the goods, including, where there are any goods unaffected by the breach, all such goods,he does not by accepting them lose his right to reject the rest.(2) In the case of a buyer having the right to reject an instalment of goods, subsection (1) applies as if references to the goods were references to the goods comprised in the instalment.(3) For the purposes of subsection (1), goods are affected by a breach if by reason of the breach they are not in conformity with the contract.(4) This section applies unless a contrary intention appears in, or is to be implied from, the contract.”.