If you receive goods and keep them beyond a reasonable time without telling the seller that you reject them, the law treats you as having accepted them. Once you have accepted goods, you cannot later refuse to pay on the grounds that they were defective or spoiled, especially if you have had them for a long time.
What the law says
Sections 36 and 37 of the Sale of Goods Act (Cap 31) deal with this. In everyday terms, a buyer is deemed to have accepted goods when they retain them beyond a reasonable time without giving the seller notice of rejection.
"Deemed" simply means the law treats it as having happened, even if you never said the words "I accept". Silence, combined with holding on to the goods for too long, can be enough.
What "reasonable time" means for you
The rule speaks of a "reasonable time". It does not spell out in the wording we have what that is in every case, so the safest approach is not to wait. If something is wrong with what you received, say so quickly.
Think of a shopkeeper who takes a delivery of vegetables or a crate of drinks. If he notices a problem on the day it arrives and tells the supplier at once, he has made his position clear. If he says nothing, keeps the goods for weeks, and only complains when the supplier asks for payment, the supplier can point out that he held on to them without any notice of rejection.
Practical steps if something is wrong
- Check the goods promptly when they arrive, rather than leaving them aside.
- Tell the seller clearly that you are rejecting the goods, and say why.
- Put it in writing where you can, such as a text message or email, so there is a record of when you told them.
- Keep copies of receipts, delivery notes, messages and photographs of the problem.
- Speak to an advocate if the seller disputes your notice or the amount is large.
The key point
Complaining late is risky. A buyer who keeps goods for a long time and says nothing may find it very hard to refuse payment later by pointing to a defect or spoiling. Giving notice of rejection to the seller in good time is what protects your position.
Every sale has its own facts, so if you are caught in a dispute over goods, get advice on your particular situation.
Entertainment and general information, not legal advice. For advice on your own situation, speak to an advocate.