The Consumer Rights Act 2015 contains additional rules covering situations where goods are delivered in the wrong quantity, supplied in instalments, or disputed in Scotland.
These rules apply alongside the core statutory standards. For the main legal rights that apply to goods, see What Statutory Rights Apply to Goods?.
What If the Trader Delivers the Wrong Quantity?
If a trader delivers fewer goods than you agreed to buy, you can:
- Reject the goods, or
- Accept them and pay only for what you received at the agreed price.
If a trader delivers more goods than you ordered, you can:
- Accept the amount you ordered and reject the extra goods, or
- Reject all of the goods, or
- Keep everything and pay for all of it at the contract price.
To reject goods, you must clearly inform the trader. You may also be entitled to compensation if the incorrect delivery caused loss.
See also Partial Rejection.
Do You Have to Accept Delivery in Instalments?
You do not have to accept delivery in instalments unless this was agreed in the contract.
If the contract provides for delivery in separate instalments that are paid for separately, and one instalment is faulty, you may be able to:
- Reject the faulty instalment, or
- In some circumstances, reject the whole contract.
Whether you can treat the whole contract as ended depends on:
- The terms of the contract.
- The seriousness of the problem.
- The overall circumstances.
If you refuse to accept or pay for an instalment without good reason, the trader may be entitled to treat the contract as ended or claim compensation.
Late Instalments
The rules above concern faulty instalments. Different rules apply where delivery is simply late.
For general delivery rules, see Delivery, Risk and Guarantees.
Scotland: Disputes About Paying for Faulty Goods
In Scotland, if you keep goods but claim they breach your rights, you may:
- Claim compensation (damages), or
- Use the fault as a defence against paying the price.
If the trader takes court action to recover the price, the court may require you to:
- Pay the disputed amount into court, or
- Provide another reasonable form of security.
This protects the trader while the court decides the dispute.
Time Limits and Remedies
If the wrong quantity or faulty instalment issue arises within 30 days, you may be able to use the Short-Term Right to Reject.
If repair or replacement is appropriate, see Final Right to Reject / Price Reduction and Time Limits and the 6-Month Rule for how time limits operate.
If the Trader Refuses to Comply
If a trader refuses to correct a wrong quantity delivery or disputes your rights:
- Write formally explaining the breach.
- Keep records of what was delivered.
- Send a Letter Before Action if necessary.
- Report the matter to Citizens Advice Consumer Service.
- Issue a small claim if the dispute remains unresolved.
Key Points
- You do not have to accept the wrong quantity of goods.
- Instalment deliveries must be agreed in advance.
- In Scotland, the court can require payment into court while a dispute is ongoing.
Related Goods Rights
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