Sale of Goods Act 1979 - Singapore Statutes Online

Sale by description

13.—(1) Where there is a contract for the sale of goods by description, there is an implied condition that the goods will correspond with the description.

(2) If the sale is by sample as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.

(3) A sale of goods is not prevented from being a sale by description by reason only that, being exposed for sale or hire, they are selected by the buyer.

(4) Paragraph 4 of the Schedule applies in relation to a contract made before 18 May 1973.

Implied terms about quality or fitness

14.—(1) Except as provided by this section and section 15 and subject to any other enactment, there is no implied condition or warranty about the quality or fitness for any particular purpose of goods supplied under a contract of sale.

(2) Where the seller sells goods in the course of a business, there is an implied condition that the goods supplied under the contract are of satisfactory quality.

(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods:

(a)	fitness for all the purposes for which goods of the kind in question are commonly supplied;
(b)	appearance and finish;
(c)	freedom from minor defects;
(d)	safety;
(e)	durability.

(2C) The condition implied by subsection (2) does not extend to any matter making the quality of goods unsatisfactory —

(a)	which is specifically drawn to the buyer’s attention before the contract is made;
(b)	where the buyer examines the goods before the contract is made, which that examination ought to reveal; or
(c)	in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.

(3) Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known —

(a)	to the seller; or
(b)	where the purchase price or part of it is payable by instalments and the goods were previously sold by a credit‑broker to the seller, to that credit-broker,

any particular purpose for which the goods are being bought, there is an implied condition that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the skill or judgment of the seller or credit-broker.

(4) An implied condition or warranty about quality or fitness for a particular purpose may be annexed to a contract of sale by usage.

(5) The preceding provisions of this section apply to a sale by a person who in the course of a business is acting as agent for another as they apply to a sale by a principal in the course of a business, except where that other is not selling in the course of a business and either the buyer knows that fact or reasonable steps are taken to bring it to the notice of the buyer before the contract is made.

(6) Paragraph 5 of the Schedule applies in relation to a contract made on or after 18 May 1973 and before 19 May 1985, and paragraph 6 in relation to one made before 18 May 1973.

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