Consumer Rights Act 2022
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Instalment deliveries | ||
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37. (1) Unless otherwise agreed between the consumer and the trader, the consumer is not bound to accept delivery of the goods under a sales contract by instalments. | ||
(2) Subject to subsection (3), if the trader makes a delivery of goods that are not in conformity with the sales contract (referred to in this section as “non-conforming goods”) in respect of one or more instalments, the consumer may— | ||
(a) if there are non-conforming goods in the first instalment of goods delivered under the sales contract, exercise the short-term right to terminate the contract under section 23 (1), or | ||
(b) in any other case, exercise the final right to terminate the contract under section 26 . | ||
(3) The consumer may exercise the right to terminate the sales contract under subsection (2) only in relation to the instalment or instalments in respect of which there are non‑conforming goods unless, after taking all the circumstances into account, it would not be reasonable to expect the consumer to accept and keep only the goods delivered in the instalment or instalments where the goods are in conformity with the sales contract. | ||
(4) Where, in accordance with subsection (3), the consumer is entitled to exercise the right to terminate the sales contract only in relation to an instalment or instalments in respect of which there are non-conforming goods, the consumer shall be entitled to be reimbursed in accordance with section 31 in respect of the non-conforming goods delivered in that instalment (or those instalments) only. | ||
(5) Where the consumer has the right to terminate the sales contract under subsection (2) and wishes to exercise that right— | ||
(a) the consumer shall exercise that right in accordance with section 28 , and | ||
(b) the trader shall comply with the obligations in section 30 . |