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(1) This Act applies to a contract for the supply of goods or services where the purchaser and the supplier are each acting in the course of a business, other than an excepted contract.
(2) In this Act “contract for the supply of goods or services” means—
(a) a contract of sale of goods; or
(b) a contract (other than a contract of sale of goods) by which a person does any, or any combination, of the things mentioned in subsection (3) for a consideration that is (or includes) a money consideration.
(3) Those things are—
(a) transferring or agreeing to transfer to another the property in goods;
(b) bailing or agreeing to bail goods to another by way of hire or, in Scotland, hiring or agreeing to hire goods to another; and
(c) agreeing to carry out a service.
(4) For the avoidance of doubt a contract of service or apprenticeship is not a contract for the supply of goods or services.
(5) The following are excepted contracts—
(a) a consumer credit agreement;
(b) a contract intended to operate by way of mortgage, pledge, charge or other security; and
(c) a contract of a description specified in an order made by the Secretary of State.
(6) An order under subsection (5)(c) may specify a description of contract by reference to any feature of the contract (including the parties).
(7) In this section—
“business” includes a profession and the activities of any government department or local or public authority;
“consumer credit agreement” has the same meaning as in the Consumer Credit Act 1974;
“contract of sale of goods” and “goods” have the same meaning as in the Sale of Goods Act 1979;
“property in goods” means the general property in them and not merely a special property.
To be appointed: see s 17(2).