The Sale of Goods Act
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There are many provisions under Jamaican Law which protect the Consumer; another such is the Sale of Goods Act. Some of the provisions of which Consumers should be aware follow:
DOES A SALE AGREEMENT HAVE TO BE IN WRITING?
A sale agreement can be made in writing, by word of mouth, or through a combination of both. It can also be suggested or implied by the conduct of the seller and the Consumer.
The mere fact an agreement is not in writing does not prevent the seller or the Consumer from enforcing it.
WHEN NEW GOODS DON’T WORK
As a Consumer, you are entitled to a refund or a replacement if new appliances or other goods you have purchased do not work or are not of a reasonable quality.
If this happens to you, be sure to report the matter to the seller immediately.
REMEMBER to examine all new goods thoroughly in the store, if at all possible, before making your purchase. Taking this precaution will reduce your risk of purchasing goods which do not perform adequately or are of unacceptable quality.
TIMELY DELIVERY
Sale agreements may contain a specific time for the delivery of goods.
If the seller fails to deliver the goods on time, then he will be in breach of the agreement, and you, the Consumer, have the right to refuse to accept the goods.
If no time is specified, then the delivery must take place within a reasonable period.
INCOMPLETE DELIVERY
When a seller delivers goods to a Consumer, the Consumer may find that the delivery contains a lesser quantity than what was agreed. A seller cannot excuse a short delivery on the grounds that he will deliver the balance later.
The Consumer has the right to reject the goods in such cases.
However, if he accepts the goods, he must pay for what he has taken.
CHECKING DELIVERED GOODS
A Consumer is entitled to examine goods that are delivered to him, particularly if he has not had the opportunity to check them before. If they are not what was specified in the sale agreement, it is his right to return them to the seller and obtain a refund.
RETURN OF DELIVERED GOODS
As a Consumer you are entitled to reject goods that have been delivered to you and you are also entitled to the return of any money paid if the goods are not what was specified in the sale agreement. It is not your responsibility to deliver the rejected goods to the seller. However, you must notify the seller immediately, preferably in writing, when he should collect them.
SEEKING COMPENSATION WHEN GOODS ARE NOT DELIVERED
A Consumer who suffers losses due to a seller’s failure to deliver goods as agreed can sue for damages in court. The court will assess the losses, and decide how much monetary compensation should be awarded to the Consumer.
FAILURE TO DELIVER GOODS
The seller is required by law to deliver goods to the Consumer as stated in the sale agreement. If the seller fails to deliver the goods, the Consumer has the right to ask the court to grant an order forcing the seller to do so in keeping with the agreement.
OWNERSHIP OF STOLEN GOODS
By law, stolen goods belong to the person from whom they were stolen. If you purchase stolen goods and the seller is later found guilty of theft in a court of law, you will be obliged to return the goods. In addition, you will have to take the seller to court to recover the money you paid for the goods.