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Interesting change to Consumer Law
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Part of my job is to review of changes in legislation that affects us all on a day to day basis and today something caught my eye that has particular relevance to us as ‘mail order’ consumers. The idea of paying extra to ensure that goods are delivered in a timely and safe manner is nothing special, however the option to pay less and shoulder some risk is often available. There was a change to the existing Sale of Goods Act 1979 that was enacted in 2002 and came into force in march 2003 that places the responsibility for safe delivery of good bought solely on the shoulders of the trader.
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Risk is not passed to the consumer until they are delivered to the buyer, crucially not to the carrier. Therefore, even if a less expensive means of delivery is chosen the responsibility for safe delivery lies solely with the trader.
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‘The Sale and Supply of Goods to Consumers Regulations 2002’ inserts the following into the Sale of Goods Act 1979:
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Amendments to rules on passing of risk and acceptance of goods in consumer cases
4.—(1)*Section 20 of the Sale of Goods Act 1979 is amended as follows. For the marginal note there is substituted “Passing of risk”.
(2)*After subsection (3) there is inserted—
“(4)*In a case where the buyer deals as consumer or, in Scotland, where there is a consumer contract in which the buyer is a consumer, subsections (1) to (3) above must be ignored and the goods remain at the seller’s risk until they are delivered to the consumer.”.
(3)*In section 32 of the Sale of Goods Act 1979, after subsection (3) there is inserted—
“(4)*In a case where the buyer deals as consumer or, in Scotland, where there is a consumer contract in which the buyer is a consumer, subsections (1) to (3) above must be ignored, but if in pursuance of a contract of sale the seller is authorised or required to send the goods to the buyer, delivery of the goods to the carrier is not delivery of the goods to the buyer.”.
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The amendments in full can be accessed here: The Sale and Supply of Goods to Consumers Regulations 2002
*
Part of my job is to review of changes in legislation that affects us all on a day to day basis and today something caught my eye that has particular relevance to us as ‘mail order’ consumers. The idea of paying extra to ensure that goods are delivered in a timely and safe manner is nothing special, however the option to pay less and shoulder some risk is often available. There was a change to the existing Sale of Goods Act 1979 that was enacted in 2002 and came into force in march 2003 that places the responsibility for safe delivery of good bought solely on the shoulders of the trader.
*
Risk is not passed to the consumer until they are delivered to the buyer, crucially not to the carrier. Therefore, even if a less expensive means of delivery is chosen the responsibility for safe delivery lies solely with the trader.
*
‘The Sale and Supply of Goods to Consumers Regulations 2002’ inserts the following into the Sale of Goods Act 1979:
*
Amendments to rules on passing of risk and acceptance of goods in consumer cases
4.—(1)*Section 20 of the Sale of Goods Act 1979 is amended as follows. For the marginal note there is substituted “Passing of risk”.
(2)*After subsection (3) there is inserted—
“(4)*In a case where the buyer deals as consumer or, in Scotland, where there is a consumer contract in which the buyer is a consumer, subsections (1) to (3) above must be ignored and the goods remain at the seller’s risk until they are delivered to the consumer.”.
(3)*In section 32 of the Sale of Goods Act 1979, after subsection (3) there is inserted—
“(4)*In a case where the buyer deals as consumer or, in Scotland, where there is a consumer contract in which the buyer is a consumer, subsections (1) to (3) above must be ignored, but if in pursuance of a contract of sale the seller is authorised or required to send the goods to the buyer, delivery of the goods to the carrier is not delivery of the goods to the buyer.”.
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The amendments in full can be accessed here: The Sale and Supply of Goods to Consumers Regulations 2002
+ 7 x Eddies finest EGS's
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