subject 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.

3

Where the buyer deals as consumer or (in Scotland) the contract of sale is a consumer contract, the buyer cannot lose his right to rely on subsection (2) above 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) 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.

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