Uganda Act or statute

Parliament of Uganda

Sale of Goods and Supply of Services Act, 2018

This section provides definitions of terms used in the Act, such as "buyer", "consumer", "goods", "services", "data message", "Minister", "warranty" and others. The seller must deliver the goods a…

Jurisdiction: Uganda
Status: Repealed
Citation: Act 10 of 2018
Dates: As at 17 Aug 2018

More statute details

Dates: As at 17 Aug 2018

Source attribution: Source: Uganda Legal Information Institute

On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“This section provides definitions of terms used in the Act, such as "buyer", "consumer", "goods", "services", "data message", "Minister", "warranty" and others.”

This section provides definitions of terms used in the Act, such as "buyer", "consumer", "goods", "services", "data message", "Minister", "warranty" and others. The seller must deliver the goods and the buyer must accept and pay for them; the supplier must perform the service and the buyer must accept and pay for the service, all according to the contract terms. Unless otherwise agreed, delivery of goods and payment of the price are concurrent conditions: the seller must be ready and willing to give possession of the goods in exchange for the price, and the buyer must be ready and willing to pay the price in exchange for possession of the goods. Default rules for place of delivery and certain seller obligations: default place is seller's business or residence if no contract; specific goods' location may be place of delivery; seller must send goods within a reasonable time if bound to send and no time fixed; seller bears expenses of putting goods into deliverable state unless agreed otherwise. Rules for buyer remedies when seller delivers the wrong quantity or goods of a different description: the buyer may reject or accept in part; if the buyer accepts the goods delivered they must pay at the contract rate.

How the instrument operates

01
Start with the recorded version

As at 17 Aug 2018. The date shown identifies this source expression and should not be treated as proof that no later change exists.
02
Locate the controlling provision

Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.
03
Read conditions and exceptions together

Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
04
Verify currency and official wording

Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

Preliminary - Interpretation

This section provides definitions of terms used in the Act, such as "buyer", "consumer", "goods", "services", "data message", "Minister", "warranty" and others.

Section 1

Performance of contract of sale and supply of services - Delivery by instalments

Unless the parties agree otherwise, a buyer of goods is not required to accept delivery by instalments.

Section 39

Performance of contract of sale and supply of services - Implied term as to time for performance of services

If a supplier acting in the course of business has not fixed the time for services under the contract, there is an implied term that the supplier must carry out the service within a reasonable time.

Section 46

Miscellaneous - Variation of implied rights

Implied rights, duties or liabilities arising from a contract of sale or supply of services cannot be negatived or varied by express agreement, course of dealing between the parties, or usage.

Section 67

Miscellaneous - Savings

Provisions in this Act about contracts of sale do not apply to transactions in the form of a contract of sale that are intended to operate as mortgage, pledge, charge or other security.

Section 73

Source and current-law status

Repealed source record

Source record from ulii.org · As at 17 Aug 2018

Repealed

source_metadata

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Search within this statute

Search all stored provisions in this version.

Showing 26 of 26 provisions

Provision 23InterpretationAmendmentRepeal

Part I

Preliminary

§ 1Preliminary - InterpretationInterpretation

This section provides definitions of terms used in the Act, such as "buyer", "consumer", "goods", "services", "data message", "Minister", "warranty" and others.

Section Interpretation Section In this Act, unless the context otherwise requires— “ action ” includes a counter-claim and a set-off; “ ascertained goods ” means goods which have become identified subsequent to the formation of the contract; “ bill of lading ” means a receipt for goods delivered to and received by a ship, evidencing the terms of the contract under which the goods are delivered and received, and signed by the person who has contracted to carry them, or his or her agent; “ bulk ” means a mass or collection of goods of the same kind which— (a) is contained in a defined space or area; and (b) is such that any goods in the bulk are interchangeable with any other goods of the same number or quantity; “ buyer ” means a person who buys or agrees to buy goods or who procures or agrees to procure services ; “ computer software ” means— (a) computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and (b) recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled; “ condition ” means an agreement with reference to goods which are the subject of a contract of sale , but collateral to the main purpose of such a contract, the breach of which gives rise to a right to reject the goods and treat the contract as repudiated; “ consumer ” means a person who purchases goods or services for final use or ownership rather than for resale or use in production; “ contract of sale ” includes an agreement to sell as well as a sale ; “ currency point ” has the value assigned to it in the Schedule; “ data message ” means data generated, sent, received or stored by computer means and includes— (a) voice, where the voice is used in an automated transaction; or (b) a stored record; “ delivery ” means voluntary transfer of possession from one person to another and includes an appropriation of goods to the contract that results in property in the goods being transferred to the buyer ; “ document of title to goods ” includes any bill of lading , dock warrant, warehouse-keeper’s certificate, warrant or order for the delivery of goods , and any other document used in the ordinary course of business as proof of the possession or control of goods , or authorising or purporting to authorise, either by endorsement or by delivery , the possessor of the document to transfer or receive goods represented by it; “ future goods ” means goods to be manufactured or acquired by the seller after the making of the contract of sale ; “ goods ” includes— (a) all things and personal chattels, including specially manufactured goods , which are movable at the time of identification to the contract of sale other than the money representing the price, investment securities and things in action ; (b) emblements, growing crops, unborn young of animals and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale ; (c) computer software ; and (d) undivided share in goods held in common; “ intellectual property rights ” includes industrial property rights, trade marks, copyright, geographical indications; “ Minister ” means the minister responsible for trade; “ property ” means the general property in goods , and not merely a special property; “ sale ” includes a bargain and sale as well as a sale and delivery ; “ seller ” means a person who sells or agrees to sell goods ; “ services ” means any service or facility provided for gain or reward or otherwise than free of charge, including services or facilities for— (a) banking, insurance, grants, loans, credit or financing; (b) amusement, cultural activities, entertainment, instruction, recreation or refreshment; (c) accommodation, transport, travel, parking or storage; (d) the care of persons, animals or things; (e) membership in a club or organization or any service or facility provided by the club or organization,; and (f) any rights, benefits, privileges, obligations or facilities that are or are to be provided, granted or conferred in the course of services; but does not include services provided under a contract of employment; “ specially manufactured goods ” means goods manufactured according to specifications set out in a contract or other agreement; “ specific goods ” means goods and percentages of goods identified and agreed upon by the parties at the time a contract of sale is made and includes undivided shares in specific goods held in common; “ supplier ” means a person who supplies or agrees to supply services ; “ unascertained goods ” means goods not identified and agreed upon at the time the contract is made; “ warranty ” means an agreement with reference to goods which are the subject of a contract of sale , but collateral to the main purpose of that contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated. A thing is done “in good faith” within the meaning of this Act when it is in fact done honestly, whether or not it is done negligently. In determining whether a person is insolvent within the meaning of this Act, reference shall be made to the Insolvency Act, 2011. Goods are in a “deliverable state” within the meaning of this Act when they are in such a state that the buyer would, under the contract, be bound to take delivery of them.

Section 1Verify source

Part IV

Performance of contract of sale and supply of services

§ 34Performance of contract of sale and supply of services - Duties of seller, supplier and buyerProvision

The seller must deliver the goods and the buyer must accept and pay for them; the supplier must perform the service and the buyer must accept and pay for the service, all according to the contract terms.

Section Duties of seller, supplier and buyer Section It is the duty of the seller to deliver the goods , and of the buyer to accept and pay for the goods , in accordance with the terms of the contract of sale . It is the duty of the supplier of a service to perform the service and of the buyer to accept and pay for the service in accordance with the terms of the contract of supply of services .

Section 34Verify source

§ 35Performance of contract of sale and supply of services - Payment and delivery are concurrent conditionsProvision

Unless otherwise agreed, delivery of goods and payment of the price are concurrent conditions: the seller must be ready and willing to give possession of the goods in exchange for the price, and the buyer must be ready and willing to pay the price in exchange for possession of the goods.

Section Payment and delivery are concurrent conditions Section Unless otherwise agreed, delivery of goods and payment of the price are concurrent conditions, namely that, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price, and the buyer must be ready and willing to pay the price in exchange for possession of the goods . This section applies to sales by instalments in accordance with the agreement of the parties. Unless otherwise agreed, supply of a service and payment of the price are concurrent conditions.

Section 35Verify source

§ 36Performance of contract of sale and supply of services - Rules as to deliveryProvision

Default rules for place of delivery and certain seller obligations: default place is seller's business or residence if no contract; specific goods' location may be place of delivery; seller must send goods within a reasonable time if bound to send and no time fixed; seller bears expenses of putting goods into deliverable state unless agreed otherwise.

Section Rules as to delivery Section Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. Where there is no contract, express or implied, as to place of delivery , the place of delivery is the seller ’s place of business, if the seller has one, and if not, the seller ’s residence. Where the contract is for the sale of specific goods which, to the knowledge of the parties when the contract is made, are in some other place, then that place shall be the place of delivery . Where under the contract of sale the seller is bound to send the goods to the buyer , but no time for sending them is fixed, the seller is bound to send them within a reasonable time. Where the goods at the time of sale are in the possession of a third party, there is no delivery by the seller to the buyer until the third party acknowledges to the buyer that he or she holds the goods on behalf of the buyer . Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour, and what is a reasonable hour is a question of fact. Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state shall be borne by the seller . This section shall not affect the operation of the issue or transfer of any document of title to goods .

Section 36Verify source

§ 37Performance of contract of sale and supply of services - Delivery of wrong quantity or descriptionProvision

Rules for buyer remedies when seller delivers the wrong quantity or goods of a different description: the buyer may reject or accept in part; if the buyer accepts the goods delivered they must pay at the contract rate.

Section Delivery of wrong quantity or description Section Notwithstanding subsections (1), (2), and (3) a buyer who is not a consumer may not— Where the seller delivers to the buyer a quantity of goods less than the seller contracted to sell, the buyer may reject them, but where the buyer accepts the goods so delivered, the buyer shall pay for the goods at the contract rate. Where the seller delivers to the buyer a quantity of goods larger than the seller contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or the buyer may reject the whole and where the buyer accepts the whole of the goods delivered the buyer must pay for them at the contract rate. Where the seller delivers to the buyer the goods the seller contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods , which are in accordance with the contract and reject the rest, or the buyer may reject the whole. reject the goods , where the seller delivers a quantity of goods less than the seller contracted to sell; or reject all the goods where the seller delivers a quantity of goods larger than the seller contracted to sell, It is for the seller to show under subsection (4) that a shortfall or excess is so minor. The shortfall or excess may be due to a mixture of the goods as referred to in subsection (3). This section is subject to any usage of trade, special agreement or course of dealing between the parties.

Section 37Verify source

§ 38Performance of contract of sale and supply of services - Partial rejection of goodsProvision

If a buyer accepts some goods despite a seller's breach affecting some or all goods, the buyer does not lose the right to reject the remaining goods.

Section Partial rejection of goods Section Where the buyer rejects goods by reason of a breach on the part of the seller which affects some or all of the goods but the buyer accepts some of the goods including any goods not affected by the breach, the buyer does not by accepting some of the goods affected by the breach and goods not affected by the breach lose his or her right to reject the rest of the goods . In the case of a buyer having the right to reject an instalment of goods , subsection (1) applies as if references to the goods were references to the goods comprised in the instalment. For the purposes of subsection (1), goods are affected by a breach if, by reason of the breach, they are not in conformity with the contract. This section applies unless a contrary intention appears in or is to be implied from the contract.

Section 38Verify source

§ 39Performance of contract of sale and supply of services - Delivery by instalmentsProvision

Unless the parties agree otherwise, a buyer of goods is not required to accept delivery by instalments.

Section Delivery by instalments Section Unless otherwise agreed, the buyer of goods is not bound to accept delivery of the goods by instalments. Where there is a contract for the sale of goods to be delivered by stated instalments and to be separately paid and the seller makes defective deliveries in respect of one or more instalments or the buyer neglects or refuses to take delivery of or pay for one or more instalments, it is a question in each case, depending on the terms of the contract and the circumstances of the case, whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated.

Section 39Verify source

§ 40Performance of contract of sale and supply of services - Delivery to carrierProvision

If the seller is to send goods, delivery to a carrier is treated as delivery to the buyer; the seller must, unless authorised otherwise by the buyer, make a reasonable contract with the carrier on the buyer's behalf, and must give notice so the buyer can insure sea transit; if the seller omits the reasonable contract the buyer may decline delivery or hold the seller liable for loss or damage.

Section Delivery to carrier Section Where, under a contract of sale , the seller is authorised or required to send the goods to the buyer , delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is prima facie taken to be a delivery of the goods to the buyer . Unless otherwise authorised by the buyer , the seller shall make a contract with the carrier on behalf of the buyer that is reasonable, having regard to the nature of the goods and the other circumstances of the case. Where the seller omits to make a contract with the carrier on behalf of the buyer that is reasonable under subsection (2) and the goods are lost or damaged in the course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself or herself or may hold the seller responsible in damages. Unless otherwise agreed, where goods are sent by the seller to the buyer by a route involving sea transit, in circumstances in which it is usual to insure, the seller shall give such notice to the buyer as may enable him or her to insure them during their sea transit. Where the seller fails to give notice to the buyer under subsection (4), the goods shall be deemed to be at his or her risk during that sea transit. Where a contract requires or authorises the seller to ship the goods by a carrier but the contract does not require the seller to deliver the goods at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier and where the contract requires the seller to deliver them at a particular destination and the goods are duly tendered at that destination while in the possession of the carrier, the risk of loss passes to the buyer when the goods are duly tendered at that destination to enable the buyer to take delivery .

Section 40Verify source

§ 41Performance of contract of sale and supply of services - Risk where goods are delivered elsewhere than at place of saleProvision

If the seller agrees to deliver goods at the seller's risk to a place other than where they were sold, the seller must bear any risk of deterioration during transit, unless otherwise agreed.

Section Risk where goods are delivered elsewhere than at place of sale Section Where the seller of goods agrees to deliver them at the seller ’s own risk at a place other than that where they are when sold, the seller shall, unless otherwise agreed, take any risk of deterioration in the goods necessarily incidental to the course of transit.

Section 41Verify source

§ 42Performance of contract of sale and supply of services - Buyer’s right of examining the goodsProvision

If goods are delivered to a buyer who has not previously examined them, the buyer will not be regarded as having accepted them until given a reasonable opportunity to examine them; and, unless otherwise agreed, the seller must, on request, give the buyer that reasonable opportunity to examine the goods to check conformity with the contract.

Section Buyer’s right of examining the goods Section Where goods are delivered to the buyer , which he or she has not previously examined, the buyer shall not be taken to have accepted them until he or she has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract. Unless otherwise agreed, when the seller tenders delivery of goods to the buyer , the seller is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.

Section 42Verify source

§ 43Performance of contract of sale and supply of services - AcceptanceProvision

A buyer is not to be treated as having accepted goods merely because they ask for or agree to repair or because the goods are delivered to another person under a sub-sale or other disposition.

Section Acceptance Section The buyer is taken to have accepted the goods — when the buyer intimates to the seller that the buyer has accepted them; when the goods have been delivered to the buyer and the buyer does any act in relation to the goods which is inconsistent with the ownership of the seller ; or when, after the lapse of a reasonable time, the buyer retains the goods without intimating to the seller that he or she has rejected them. The questions that are material in determining, for the purposes of subsection (1), whether a reasonable time has elapsed include whether the buyer has had a reasonable opportunity of examining the goods . The buyer shall not by virtue of this section be taken to have accepted the goods merely because the buyer asks for, or agrees to their repair by or under an arrangement with the seller or the goods are delivered to another person under a sub- sale or other disposition. Where the contract is for the sale of goods making one or more commercial units of sale , a buyer accepting any goods included in a unit is taken to have accepted all the goods making the unit. In subsection (4) “commercial unit” means a unit, division of which would materially impair the value of the goods or the character of the unit.

Section 43Verify source

§ 44Performance of contract of sale and supply of services - Buyer not bound to return rejected goodsProvision

If goods are delivered and the buyer, having the right, refuses to accept them, the buyer is not bound to return them to the seller.

Section Buyer not bound to return rejected goods Section Unless otherwise agreed, where goods are delivered to the buyer , and the buyer refuses to accept them, having the right to do so, the buyer is not bound to return them to the seller , and it is sufficient if the buyer intimates to the seller that he or she refuses to accept them.

Section 44Verify source

§ 45Performance of contract of sale and supply of services - Liability of buyer for neglecting or refusing to take delivery of goodsProvision

If the seller is ready and requests delivery and the buyer fails to take delivery within a reasonable time, the buyer is liable to the seller for any loss caused and for a reasonable charge for care and custody of the goods.

Section Liability of buyer for neglecting or refusing to take delivery of goods Section Where the seller is ready and willing to deliver the goods , and requests the buyer to take delivery , and the buyer does not take delivery within a reasonable time after the request to take delivery of the goods , the buyer is liable to the seller for any loss occasioned by his or her neglect or refusal to take delivery , and also for a reasonable charge for the care and custody of the goods . Subsection (1) shall not affect the rights of the seller where the neglect or refusal of the buyer to take delivery amounts to a repudiation of the contract.

Section 45Verify source

§ 46Performance of contract of sale and supply of services - Implied term as to time for performance of servicesProvision

If a supplier acting in the course of business has not fixed the time for services under the contract, there is an implied term that the supplier must carry out the service within a reasonable time.

Section Implied term as to time for performance of services Section Where, under a contract for the supply of services by a supplier acting in the course of business, the time for the services to be carried out is not fixed by the contract, but is left to be fixed in a manner agreed by the contract or determined by the course of dealing between the parties, there is an implied term that the supplier will carry out the service within a reasonable time, and what is a reasonable time is a question of fact.

Section 46Verify source

Part V

Rights of buyer in respect of damaged goods

§ 47Rights of buyer in respect of damaged goods - Right to repair or replace goodsProvision

Buyers can require repair or replacement when goods do not conform; sellers must repair or replace within a reasonable time without significant inconvenience and bear necessary costs; buyers must not require repair or replacement if the remedy is impossible or disproportionate.

Section Right to repair or replace goods Section Where the buyer requires the seller to replace or repair goods , the seller shall— The buyer shall not require the seller to repair or replace the damaged goods if that remedy is— A remedy is disproportionate in comparison to the other remedies where it imposes costs on the seller which, in comparison to those imposed on him or her by the other remedies, are unreasonable, taking into account— Where the goods do not conform to the contract, the buyer may require the seller to replace or repair the goods . repair or as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer ; and bear any necessary costs incurred in doing so, including in particular, the cost of any labour, material or postage. impossible; disproportionate in comparison to the other remedies available; or disproportionate in comparison to an appropriate reduction in the purchase price under section 48 . the value which the goods would have if they conformed to the contract of sale ; the significance of the lack of conformity; and whether the other remedy could be effected without significant inconvenience to the buyer . A question as to what is a reasonable time or significant inconvenience is to be determined by reference to the nature of the goods and the purpose for which the goods are acquired.

Section 47Verify source

§ 48Rights of buyer in respect of damaged goods - Right to reduce purchase price or rescind contractProvision

If goods do not conform, the buyer may require the seller to reduce the purchase price or rescind the contract when conditions in subsection (2) are satisfied.

Section Right to reduce purchase price or rescind contract Section The condition is that— Where goods under a contract of sale do not conform to the contract, the buyer may require the seller to reduce the purchase price of the goods in question by an appropriate amount or rescind the contract with regard to those goods if the condition in subsection (2) is satisfied. it is impossible for the seller to repair or replace the goods , or it is disproportionate to repair or replace the goods in comparison to other remedies available or it is disproportionate in comparison to an appropriate reduction in the purchase price; or the buyer has required the seller to repair or replace the goods , but the seller neglects or refuses to do so within a reasonable time and without significant inconvenience to the buyer . For the purposes of this section, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take into account the use the buyer has had of the goods since they were delivered to him or her.

Section 48Verify source

§ 49Rights of buyer in respect of damaged goods - Relation to other remediesProvision

If the buyer asks the seller to repair or replace the goods, the buyer must give the seller a reasonable time to do so before rejecting the goods or terminating the contract for breach of condition.

Section Relation to other remedies Section Where the buyer requires the seller to repair or replace the goods , the buyer shall not reject the goods and terminate the contract for breach of condition until he or she has given the seller a reasonable time in which to repair or replace the goods .

Section 49Verify source

Part VI

Rights of unpaid seller against the goods

§ 50Rights of unpaid seller against the goods - Unpaid seller definedProvision

Defines an "unpaid seller" as a seller of goods when the whole price has not been paid or tendered, or when a bill of exchange received as conditional payment has not been fulfilled due to dishonour or otherwise; also states that "seller" includes persons in the position of a seller (agents, consignors) who have paid or are responsible for the price.

Section Unpaid seller defined Section A seller of goods is an “unpaid seller ” within the meaning of this Act— when the whole of the price has not been paid or tendered; or when a bill of exchange is received as conditional payment, and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise. In this Part “ seller ” includes any person who is in the position of a seller , such as, an agent of the seller to whom the bill of lading has been endorsed, or a consignor or agent who has himself or herself paid, or is directly responsible for, the price.

Section 50Verify source

§ 51Rights of unpaid seller against the goods - Rights of unpaid sellerProvision

The unpaid seller of goods has several rights including a lien or right to retain the goods for the price while in possession, a right to stop goods in transit on buyer insolvency, a right of re-sale as limited by the Act, and (if property has not passed) a right to withhold delivery.

Section Rights of unpaid seller Section Subject to this Act or any other law, notwithstanding that the property in the goods may have passed to the buyer , the unpaid seller of goods , has by implication of law— a lien on the goods or right to retain them for the price while he or she is in possession of the goods ; in the case of the insolvency of the buyer , a right of stopping the goods in transit after he or she has parted with the possession of the goods ; a right of re- sale as limited by this Act. Where the property in the goods has not passed to the buyer , the unpaid seller has, in addition to his or her other remedies, a right of withholding delivery similar to and co-existent with his or her rights of lien and stoppage in transit where the property has passed to the buyer .

Section 51Verify source

Part VII

Miscellaneous

§ 67Miscellaneous - Variation of implied rightsProvision

Implied rights, duties or liabilities arising from a contract of sale or supply of services cannot be negatived or varied by express agreement, course of dealing between the parties, or usage.

Section Variation of implied rights Section Where any right, duty or liability would arise under a contract of sale or supply of services by implication of law, it shall not be negatived or varied by express agreement or by the course of dealing between the parties, or by usage.

Section 67Verify source

§ 68Miscellaneous - Reasonable timeProvision

If this Act refers to a reasonable time, the question of what is a reasonable time is a matter of fact.

Section Reasonable time Section Where, by this Act, any reference is made to a reasonable time, the question of what is a reasonable time is a matter of fact.

Section 68Verify source

§ 69Miscellaneous - Rights enforceable by actionProvision

Where any right, duty or liability is declared by this Act, it may, unless otherwise provided by this Act, be enforced by action.

Section Rights enforceable by action Section Where any right, duty or liability is declared by this Act, it may, unless otherwise provided by this Act, be enforced by action .

Section 69Verify source

§ 70Miscellaneous - Auction salesProvision

Each lot at an auction is treated as a separate contract; auction completion occurs when the auctioneer announces it; bidders may retract bids until that announcement; if not notified that seller has the right to bid, the seller (or an agent) may bid and the auctioneer may accept such bids; sales contravening that rule may be treated as fraudulent; reserved bids allow the seller (or one person on his behalf) to bid when expressly reserved.

Section Auction sales Section In the case of sale by auction— where goods are put up for sale by auction in lots, each lot is prima facie taken to be the subject of a separate contract of sale ; a sale by auction is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner, and until that announcement is made, any bidder may retract his or her bid; where a sale by auction is not notified to be subject to a right to bid on behalf of the seller , it is lawful for the seller to bid himself or herself or to employ any person to bid at that sale , or for the auctioneer knowingly to take any bid from the seller or any such person, and any sale that contravenes that rule may be treated as fraudulent by the buyer and a sale by auction may be notified to be subject to a reserved or upset price, and a right to bid may also be reserved expressly by or on behalf of the seller . Where a right to bid is expressly reserved, but not otherwise, the seller , or any one person on his behalf, may bid at the auction.

Section 70Verify source

§ 71Miscellaneous - Power of Minister to amend ScheduleAmendment

The Minister may, by statutory instrument and with the approval of Cabinet, amend the Schedule to this Act.

Section Power of Minister to amend Schedule Section The Minister may by statutory instrument with the approval of Cabinet, amend the Schedule to this Act.

Section 71Verify source

§ 72Miscellaneous - RepealRepeal

The Sale of Goods Act, Cap. 82 and the Bulk Sales Act, Cap. 69 are repealed.

Section Repeal Section The Sale of Goods Act, Cap. 82 and the Bulk Sales Act, Cap. 69, are repealed.

Section 72Verify source

§ 73Miscellaneous - SavingsProvision

Provisions in this Act about contracts of sale do not apply to transactions in the form of a contract of sale that are intended to operate as mortgage, pledge, charge or other security.

Section Savings Section The provisions of this Act relating to contracts of sale do not apply to any transaction in the form of a contract of sale which is intended to operate by way of mortgage, pledge, charge or other security.

Section 73Verify source

Legislative relationships

2 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

G–M

1 instrument

Goods Act
Section 72

N–S

1 instrument

Schedule to this Act
Section 71

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint

17 Aug 2018 · currentEnglish · Repealed

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.