Sale of Goods - The Sale and Supply of Goods to Consumers Regulations 2002

On 31 March 2003, The Sale and Supply of Goods to Consumers Regulations 2002 (''The Regulations'') came into force. The Regulations bring about significant changes to the principal sale of goods and supply of services legislation, with a number of existing statutes being amended to introduce new implied terms favouring consumers, as well as creating new remedies for consumers. The Sale and Supply of Goods Act 1979, the Sale and Supply of Goods and Services Act 1982, The Sale and Supply of Goods (Implied Terms) Act 1973 and The Unfair Contract Terms Act 1977 are all amended by the regulations which are the result of the implementation of the EC Directive 1999/44/EC.

SATISFACTORY QUALITY

The 1973, 1979 and 1982 Acts provide for an implied term that goods or services supplied in the course of business should be of satisfactory quality. The Regulations now widen the ambit of how the issue of satisfactory quality is to be determined, by extending the definition of ''satisfactory quality'' to include:

'' any public statement on the specific characteristics of the goods made about them by the seller, the producer, or his representative, particularly in advertising or on labelling.''

Clearly, in making it quite clear that statements made in any advertisements or labelling obviously affords greater scope in exploring circumstances in which a product may be held to be not to be of satisfactory quality. However, if a manufacturer is able to show that, at the time of the contract, the consumer was not or could not have been aware of any public statements made in such advertising or labelling, such that the consumer could not have been influenced by it, then the statement itself will not be relevant for the purposes of determining whether any product is of satisfactory quality. It will also be a defence for the manufacturer to show that the public statement was withdrawn or publicly corrected.

RIGHT TO REPAIR OR REPLACE GOODS

The 1979 and 1982 Acts are amended by the Regulations to allow consumers who order goods which do not confirm to contract at the time of the delivery, the right to require the seller to repair or replace the product. If a defect is discovered within the goods, during the first 6 months after delivery of the same, and that defect amounts to non-conformity with the contract of sale, then it will be regarded as having been in existence at the delivery, subject to certain minor exceptions.

If such a defect is discovered, the...