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Difference between revisions of "Contracts for Sale of Goods (11:III)"
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Contracts for Sale of Goods (11:III) (view source)
Revision as of 00:41, 6 August 2021
, 00:41, 6 August 2021→b) Commercial Seller
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==== b) Commercial Seller ==== | ==== b) Commercial Seller ==== | ||
Under s 20 of the ''SGA'', retailers of '''new goods''' cannot exempt themselves from the implied terms in ss 16 – 19, and any clause that attempts | Under s 20 of the ''SGA'', retailers of '''new goods''' cannot exempt themselves from the implied terms in ss 16 – 19, and any clause that attempts to do so is void, subject to the exceptions listed below. | ||
A seller who is making a retail sale in the ordinary course of business can only expressly waive ss 16 – 19 if: | A seller who is making a retail sale in the ordinary course of business can '''only''' expressly waive ss 16 – 19 if: | ||
* | * The goods are used (except s 16, which also applies to used goods); | ||
* | * The purchaser, even a private individual, intends to resell the goods; | ||
* | * The lease is to a lessee for the purpose of subletting the goods; | ||
* | * The purchaser intends to use the goods primarily for business; | ||
* | * The purchaser is a corporation or commercial enterprise; or | ||
* | * The seller is a trustee in bankruptcy, a liquidator, or a sheriff. | ||
Where a commercial dealer includes a disclaimer clause exempting the transaction from | |||
Where a commercial dealer includes a disclaimer clause exempting the transaction from ss 16 – 19, the clause is void (no legal force or effect), unless one of the above exceptions applies. A seller who does not ordinarily sell the goods in the contract may also exclude themselves out of ss 17 – 19. | |||
=== 3. Buyer’s Lien === | === 3. Buyer’s Lien === | ||