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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 20:56, 4 October 2022
, 20:56, 4 October 2022→b) Commercial Seller
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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: | ||
:a) The goods are used (except s 16, which also applies to used goods); | :(a) The goods are used (except s 16, which also applies to used goods); | ||
:b) The purchaser, even a private individual, intends to resell the goods; | :(b) The purchaser, even a private individual, intends to resell the goods; | ||
:c) The lease is to a lessee for the purpose of subletting the goods; | :(c) The lease is to a lessee for the purpose of subletting the goods; | ||
:d) The purchaser intends to use the goods primarily for business; | :(d) The purchaser intends to use the goods primarily for business; | ||
:e) The purchaser is a corporation or commercial enterprise; or | :(e) The purchaser is a corporation or commercial enterprise; or | ||
:f) The seller is a trustee in bankruptcy, a liquidator, or a sheriff. | :(f) The seller is a trustee in bankruptcy, a liquidator, or a sheriff. | ||
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. | 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. | ||