(1)If the buyer—
(a)has the right to reject the goods by reason of a breach on the part of the seller that affects some or all of them, but
(b)accepts some of the goods, including, where there are any goods unaffected by the breach, all such goods,
he does not by accepting them lose his right to reject the rest.
(2)In the case of a buyer having the right to reject an instalment of goods, subsection (1) above applies as if references to the goods were references to the goods comprised in the instalment.
(3)For the purposes of subsection (1) above, goods are affected by a breach if by reason of the breach they are not in conformity with the contract.
(4)This section applies unless a contrary intention appears in, or is to be implied from, the contract.
[F2(5)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).]]
Textual Amendments
F1S. 35A inserted (3.1.1995) by 1994 c. 35, ss. 3(1), 8(2) (with s. 8(3)).
F2S. 35A(5) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 25; S.I. 2015/1630, art. 3(g) (with art. 6(1))