Supply of Goods (Implied Terms) Act 1973

[11A F1 Modification of remedies for breach of statutory condition in non-consumer cases. E+W+N.I.

(1) Where in the case of a [F2 relevant hire-purchase agreement]—

(a) the person to whom goods are bailed would, apart from this subsection, have the right to reject them by reason of a breach on the part of the creditor of a term implied by section 9, 10 or 11(1)(a) or (c) above, but

(b) the breach is so slight that it would be unreasonable for him to reject them,

F3 ... the breach is not to be treated as a breach of condition but may be treated as a breach of warranty.

(2) This section applies unless a contrary intention appears in, or is to be implied from, the agreement.

(3) It is for the creditor to show—

(a) that a breach fell within subsection (1)(b) above, and

[F4 (b) that the agreement was a relevant hire-purchase agreement.]

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) This section does not apply to Scotland.]

Textual Amendments

F1 S. 11A inserted (E.W.N.I.) (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 4(6) (with s. 8(3))

F2 Words in Act substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 2; S.I. 2015/1630, art. 3(g) (with art. 6(1))

F3 Words in s. 11A(1) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 4(2); S.I. 2015/1630, art. 3(g) (with art. 6(1))

F4 S. 11A(3)(b) substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 4(3); S.I. 2015/1630, art. 3(g) (with art. 6(1))

F5 S. 11A(4) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 4(4); S.I. 2015/1630, art. 3(g) (with art. 6(1))