The Sale and Supply of Goods Act 1994, which has amended the Sale of Goods Act 1979, governs commercial contracts. The Act governs the sale of the following goods:
- specific goods - goods that are identified and agreed to be purchased by the buyer
- future goods - goods that are to be manufactured or acquired to the buyer’s specification
- unascertained goods - goods defined by description or by samples and forming part of a larger consignment
Many of the terms contained in the Act govern consumer contracts in a different way than they do commercial contracts, so care is needed. The main relevant elements of the legislation relates to
- Satisfactory quality / Fitness for purpose
- Goods sold by description or by sample
- Transfer of ownership
If in doubt, check with your Head of Procurement, as you cannot always assume that your rights as a commercial buyer are the same as those as an individual acting in a private capacity.