Cap. 26activeordinance

Sale of Goods Ordinance

貨品售賣條例

Full legislation

s.37

Acceptance of goods

(1)
Subject to subsection (2), the buyer is deemed to have accepted the
goods—
(a)
when he intimates to the seller that he has accepted them; or
(b)
when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.
(2)
Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) until he has had a reasonable opportunity of examining them for the
purpose—
(a)
of ascertaining whether they are in conformity with the contract; and
(b)
in the case of a contract for sale by sample, of comparing the bulk with the sample.
(3)
The buyer who deals as consumer cannot lose his right to rely on subsection (2) by agreement, waiver or otherwise.
(4)
The buyer is also deemed to have accepted the goods when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.
(5)
The questions that are material in determining for the purposes of subsection (4) whether a reasonable time has elapsed include whether the buyer has had a reasonable opportunity of examining the goods for the purpose mentioned in subsection (2).
(6)
The buyer is not by virtue of this section deemed to have accepted the goods merely because the goods are delivered to another under a sub-sale or other disposition.