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Contract and Commercial Law Act 2017

Sale of goods - Performance of contract - Rules about delivery

164: Delivery of wrong quantity or of mixed goods

You could also call this:

“What happens when the seller gives you the wrong amount or mixed-up items”

You have rights when you buy things and the seller doesn’t give you exactly what you ordered. Here’s what you need to know:

If the seller gives you less than what you ordered, you can refuse to take it. But if you decide to keep it, you’ll need to pay for what you got at the agreed price.

If the seller gives you more than what you ordered, you have three choices. You can take only what you ordered and give back the extra, refuse everything, or keep it all and pay for everything at the agreed price.

Sometimes, the seller might mix up your order with other things you didn’t ask for. In this case, you can either take only the things you ordered and give back the rest, or you can refuse everything.

Remember, these rules might change if there’s a special agreement between you and the seller, or if it’s normal in that type of business to do things differently.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844370.

Topics:
Business > Fair trading Money and consumer rights > Consumer protection
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"The seller pays to get your item ready for you"

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165: Buyer not bound to accept delivery by instalments, or

"You can expect to get everything you buy all at once, not in bits and pieces"

Part 3 Sale of goods
Performance of contract: Rules about delivery

164Delivery of wrong quantity or of mixed goods

  1. The buyer may reject the goods if the seller delivers to the buyer a quantity of goods that is less than the seller contracted to sell, but if the buyer accepts those goods, the buyer must pay for the goods at the contract rate.

    Example

    A person (A) agrees to deliver to another person (B) 3 000 lambs that have been shorn and docked.

    A delivers 3 000 lambs to B. However, 160 lambs have not been shorn and 150 have not been docked.

    B may reject the whole of the goods.

  2. If the seller delivers to the buyer a quantity of goods larger than the seller contracted to sell, the buyer may—

  3. accept the goods included in the contract and reject the rest; or
    1. reject the whole of the goods; or
      1. accept the whole of the goods (in which case the buyer must pay for the goods at the contract rate).

          1. Example

          A person (A) agrees to deliver to another person (B) 10 barrels of wine at $1,000 per barrel.

          A delivers 15 barrels to B.

          B may—

          • accept 10 barrels and reject 5; or

          • reject all of the barrels; or

          • accept all 15 barrels and pay $15,000.

        1. If the seller delivers to the buyer the goods that the seller contracted to sell mixed with goods of a different description not included in the contract, the buyer may—

        2. accept the goods that are in accordance with the contract and reject the rest; or
          1. reject the whole of the goods.

            1. This section is subject to any usage of trade, special agreement, or course of dealing between the parties.

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