1977 Ed.]
Sale of Goods
[CAP. 26
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(7) In this section "consumer sale" means a sale of goods (other than a sale by auction or by competitive tender) by a seller in the course of a business where the goods
(a) are of a type ordinarily bought for private use or consumption; and
(b) are sold to a person who does not buy or hold himself out as buying them in the course of a business.
(8) The onus of proving that a sale falls to be treated for the purposes of this section as not being a consumer sale shall lie on the party so contending.
(9) Any reference in this section to a term exempting from all or any of the provisions of any section of this Ordinance is a reference to a term which purports to exclude or restrict, or has the effect of excluding or restricting, the operation of all or any of the provisions of that section, or the exercise of a right conferred by any provision of that section, or any liability of the seller for breach of a condition or warranty implied by any provision of that section.
(10) It is hereby declared that any reference in this section to a term of a contract includes a reference to a term which although not contained in a contract is incorporated in the contract by another term of the contract.
(11) This section is subject to section 62(5).
(Replaced, 58 of 1977, s. 8)
1973 c. 13, s. 5.
57A. Where the proper law of a contract for the sale of goods
Conflict of laws.
would, apart from a term that it should be the law of some other country or a term to the like effect, be the law of Hong Kong, or where any such contract contains a term which purports to substitute, or has the effect of substituting, provisions of the law of some other country for all or any of the provisions of sections 14 to 17 and 57, those sections shall, notwithstanding that term but subject to section 62(5), apply to the contract.
(Added, 58 of 1977, s. 9)
58. Where, by this Ordinance, any reference is made to a reasonable time, the question what is a reasonable time is a question of fact.
59. Where any right, duty, or liability is declared by this Ordinance, it may, unless otherwise provided by this Ordinance, be enforced by action.
60. In the case of a sale by auction-
(a) where goods are put up for sale by auction in lots, each lot is prima facie deemed to be the subject of a separate contract of sale;
(b) a sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in other customary manner. Until such announcement is made any bidder may retract his bid;
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Reasonable time a question of fact.
Right, etc., enforceable by action.
Auction sale.
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