5A. Modification of remedies for breach of statutory condition in non-consumer contracts for transfer of goods

Terms defined in this Act

• contract for the transfer of goods

  contract for the transfer of goods

  Defined · s 1

  “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,

  Open s 1
• transferee

  transferee

  Defined · s 18

  “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;

  Open s 18
• transferor

  transferor

  Defined · s 18

  “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.

  Open s 18