Supply of Goods Act 1982 · 2020 Revised Edition · Part 1
3. Implied terms where transfer is by description
Feedback & supportThis 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.
contract for the transfer of goods
“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 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;(d)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), whatever is the nature of the consideration for the transfer or agreement to transfer. In this Act,
In such a case, there is an implied condition that the goods will correspond with the description.
goods
“goods” includes all personal chattels (including emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before the transfer or bailment concerned or under the contract concerned) other than things in action and money;
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.
transferor
“transferor”, in relation to a contract for the transfer of goods, means (depending on the context) a person who transfers the property in the goods under the contract, or a person who agrees to do so, or a person to whom the duties under the contract of either of those persons have passed.
A contract is not prevented from falling within subsection (1) by reason only that, being exposed for supply, the goods are selected by the transferee.
transferee
“transferee”, in relation to a contract for the transfer of goods, means (depending on the context) a person to whom the property in the goods is transferred under the contract, or a person to whom the property is to be so transferred, or a person to whom the rights under the contract of either of those persons have passed;