Sale of Goods Ordinance

(1)
In this Ordinance, unless the context otherwise
requires—
action
(
訴訟
) includes suit, counterclaim, and
                set-off;
business
(
業務
) includes a profession and the activities
                of a public body, a public authority, or a board, commission, committee or other
                body appointed by the Chief Executive or Government;
(Added
58 of 1977 s. 2
. Amended
59 of 1989 s. 20
;
66 of 2000 s. 3
)
buyer
(
買方
) means a person who buys or agrees to buy
                goods;
contract
                    of
                sale
(
售賣合約
) includes an agreement to sell as well
                as a sale;
delivery
(
交
、
交付
)
                means voluntary transfer of possession from one person to another;
document
                    of title to
                goods
(
貨品的所有權文件
) includes any bill of lading, dock
                warrant, warehouse keeper’s certificate, and warrant or order for the delivery of
                goods, and any other document used in the ordinary course of business as proof of
                the possession or control of goods, or authorizing or purporting to authorize,
                either by indorsement or by delivery, the possessor of the document to transfer or
                receive goods thereby represented;
fault
(
錯失
) means wrongful act or default;
future
                    goods
(
期貨
) means goods to be manufactured or
                acquired by the seller after the making of the contract of sale;
goods
(
貨
、
貨品
)
                includes all chattels personal other than things in action and money. The term
                includes emblements, industrial growing crops, and things attached to or forming
                part of the land which are agreed to be severed before sale or under the contract of
                sale;
plaintiff
(
原告人
) includes a defendant
                counterclaiming;
property
(
產權
) means the general property in goods, and
                not merely a special property;
quality
                    of
                goods
(
貨品品質
) includes their state or
                condition;
sale
(
售賣
) includes a bargain and sale as well as a
                sale and delivery;
seller
(
賣方
) means a person who sells or agrees to
                sell goods;
specific
                    goods
(
特定貨品
) means goods identified and agreed upon
                at the time a contract of sale is made;
warranty
(
保證條款
) means an agreement with reference to
                goods which are the subject of a contract of sale, but collateral to the main
                purpose of such contract, the breach of which gives rise to a claim for damages, but
                not to a right to reject the goods and treat the contract as repudiated.
(2)
A thing is deemed to be done
in
                    good faith
(
出於真誠
) when it is in fact done
                honestly, whether it is done negligently or not.
(Amended
8 of 1912 s. 47
)
(3)
A person is deemed to be
insolvent
(
無力償債
) who either has ceased to
                pay his debts in the ordinary course of business or cannot pay his debts as they
                become due, whether he has been adjudged bankrupt or not.
(Amended
8 of 1912 s. 47
;
37 of 1998 s. 4
)
(4)
Goods are in a
deliverable
                    state
(
可交付狀態
) when they are in such a
                state that the buyer would, under the contract, be bound to take delivery of them.
(Amended
8 of 1912 s. 47
)
(5)
Goods of any kind are of
merchantable
                    quality
(
可商售品質
) within the meaning of this
                Ordinance if they
are—
(a)
as fit for the purpose or purposes for which goods of that kind are
                    commonly bought;
(b)
of such standard of appearance and finish;
(c)
as free from defects (including minor defects);
(d)
as safe; and
(e)
as durable,
as it is reasonable to expect having regard to any description applied to
                them, the price (if relevant) and all the other relevant circumstances; and any
                reference in this Ordinance to unmerchantable goods shall be construed accordingly.
(Replaced
85 of 1994 s. 2
)