Part IV Performance of the Contract
35 Acceptance.
1
The buyer is deemed to have accepted the goods F1subject to subsection (2) below—
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) above 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.
F23
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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) above 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) above.
6
The buyer is not by virtue of this section deemed to have accepted the goods merely because—
a
he asks for, or agrees to, their repair by or under an arrangement with the seller, or
b
the goods are delivered to another under a sub-sale or other disposition.
7
Where the contract is for the sale of goods making one or more commercial units, a buyer accepting any goods included in a unit is deemed to have accepted all the goods making the unit; and in this subsection “ commercial unit ” means a unit division of which would materially impair the value of the goods or the character of the unit.
8
Paragraph 10 of Schedule 1 below applies in relation to a contract made before 22 April 1967 or (in the application of this Act to Northern Ireland) 28 July 1967.
F39
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 21 of that Act).