Hong Kong Ordinances

SALE OF GOODS ORDINANCE - SECT 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. (Replaced 85 of 1994 s. 6)