Joint Committee on Statutory Instruments Ninth Report


APPENDIX 4

Memorandum from the Department of Trade and Industry

SALE AND SUPPLY OF GOODS TO CONSUMERS REGULATIONS 2002 (S.I. 2002/3045)

1. The Committee considered the Sale and Supply of Goods to Consumers Regulations 2002 at its meeting on 20 January 2003 and requested a memorandum on the following point:

Section 48D of the Sale of Goods Act 1979, inserted by regulation 5, states that "if the buyer requires the seller to repair or replace the goods the buyer must not act under subsection (2)" (which includes requiring the goods to be replaced or repaired (as the case may be)) "until he has given the seller a reasonable time in which to repair or replace (as the case may be) the goods". This appears to mean that the buyer must not require the seller to replace or repair the goods unless, where he has required the seller to repair or replace them, the seller has had a reasonable time to do so.

Explain the intended purpose and effect of this provision. Is it that where the buyer requires the seller to repair the goods, he must not subsequently require him to replace them until a reasonable opportunity has been given for repair, and vice versa?

2. The Committee's conclusion is correct. Where the buyer has chosen to ask the seller to repair the goods then he must give the seller a reasonable time to do so before he may ask for a replacement instead, or invoke one of the other remedies in sub section (2)(a) or (b). Where he has asked for a replacement then again he must allow the seller a reasonable time before asking for a repair or invoking one of the other remedies in subsection (2)(a) or (b).

3. Section 11Q of the Supply and Goods and Services Act 1982 inserted by regulation 9 has the like effect.

24 January 2003


 
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