1977-HKRS28-16-25_Part03 — Page 50

Repeal pd section $.

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of vesedlom 14.

**1973

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1. 7021).

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(c) the contract involves the sale of goods which ate at the time of the conclusion of the contract In the course of carriage or will be carried from pre country to another:

(6) the acts constituting the offer and acceptance

have been effected in different countries; or (c) delivery of the goods is to be made in the country other than that within which the sets. constituting the offer and the acceptance have been effected;""; and

(8) by inserting after subsection (4) the following new subsection—

(5) Goods of any kind are of merchantable quality within the meaning of this Ordinance if they are as fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all be other relevant circum- stances; and any reference in this Ordinance lo merchantable goods shall be construed accordingly.”.

1.

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Section 6 of the principal Ordinance is repealed.

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4. Section 14 of the principal Ordinance is repealed and replaced by the following new section-

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ad lo (de etc. 1973

14. (1) In every contract of sale, other than one to which subsection (2) applies, there is...

ful an implied condition on the part of the seller that in the case of the sale, he has right to sell the goods, and in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass; and

(6) an implied warranty that the goods are free, and will remain Free until the time when the properly is to pass, from any charge or encumbrance not disclosed or known to the buyer before the contract is made and that the buyer will enjoy quiet posses- sion of the goods except so far as it may be die turbed by the owner or other person entitled to the benefit of any charge or encumbrance so dis- closed or known.

(2) In a contract of sale, in the ease of which there appears from the contract or is to be inferred from the cir- cumstances of the contract an intention that the seller should transfer only such title as he or a third person may have, there is

(2) an implied warranty that all charges or encum- brances known to the seller and not known to the buyer have been disclosed to the buyer before the contract is made; and

(b) an implied warranty that neither-

(the seller; nor

(i) in a case where the parties to the contract intend that the seller should transfer only such title

as a third person may have, that person; bor

(iii) anyone claiming through or under the seller or that third person otherwise than under a charge

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or encumbrance disclosed or known to the buyer before the contract is made,

will disturb the buyer's quiet possession of the goods.".

5. Section 15 of the principal Ordinance is amended-

(a) by being renumbered as subsection (1) and

(b) by inserting after subsection (I) the following new subsection ·

*1973

c. 13.

(3) A sale of goods shall not be prevented from being a sale by description by reason only that, being exposed for sale or hire, they are selected by the buyer.*.

Aasendusent of Section 15.

6. Section 16 of the principal Ordinance is repealed and replaced by Recon and the following new section-

"Implied nodermay

1 quar at Dimes.

197) 2, 33, 41.

16 (1) Except as provided by this section, and section 17, and subject to the provisions of any olber enactment, there is no implied condition or warranty as to the quality or fitness for any particular purpose of goods supplied under à contract of sals,

(2) Where the seller sells goods in the course of a business, there is an implied condition that the goods supplled under the contract are of merchantable quality, except that there is no such condition-

(e) as regards defects specifically drawn to the buyer's

attention hefore the contract is made; or

(6) if the buyer examines the goods before the con- tract is made, as regards defects which that examination ought to reveal.

(3) Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known to the seller any particular purpose for which the goods are being bought, there is an 'implied condition that the goods supplied under the contract are reasonably £t for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the cir- cumstances show that the buyer does not rely, or that i is unreasonable for him to rely, on the seller's skill or judgment.

(4) An implied condition or warranty as to quality or fitness for a particular purpose may be annexed to a con. tract of sale by usage.

(3) Subsections (1), (2), (3) and (4) apply to a sale by a person who in the course of a business is acting as agent for another as they apply to a sale by a principal in the course of a business, except where that other is not selling it the course of a business and either the buyer knows that fact or reasonable steps are taken to bring it to the notice of the buyer before the contract is made.

(6) To the application of subsection (3) to an agree- ment for the sale of goods under which the purchase price or part of it is payable by instalments any reference to the seller shall include a reference to the person by whom any antecedent negotiations are conducted.

rapkaustank uf secular 16.