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Change 1
As published
26 Instalment deliveries
(1) Under a contract to supply goods, the consumer is not bound to accept delivery of the goods by instalments, unless that has been agreed between the consumer and the trader.
(2) The following provisions apply if the contract provides for the goods to be delivered by stated instalments, which are to be separately paid for.
(3) If the trader makes defective deliveries in respect of one or more instalments, the consumer, apart from any entitlement to claim damages, may be (but is not necessarily) entitled—
(a) to exercise the short-term right to reject or the right to reject under section 19(6) (as applicable) in respect of the whole contract, or
(b) to reject the goods in an instalment.
(4) Whether paragraph (a) or (b) of subsection (3) (or neither) applies to a consumer depends on the terms of the contract and the circumstances of the case.
(5) In subsection (3), making defective deliveries does not include failing to make a delivery in accordance with section 28.
(6) If the consumer neglects or refuses to take delivery of or pay for one or more instalments, the trader may—
(a) be entitled to treat the whole contract as at an end, or
(b) if it is a severable breach, have a claim for damages but not a right to treat the whole contract as at an end.
(7) Whether paragraph (a) or (b) of subsection (6) (or neither) applies to a trader depends on the terms of the contract and the circumstances of the case.
Your change, as a redline
26 Instalment deliveries
(1) Under a contract to supply goods, the consumer is not bound to accept delivery of the goods by instalments, unless that has been agreed between the consumer and the trader.
(2) The following provisions apply if the contract provides for the goods to be delivered by stated instalments, which are to be separately paid for.
(3) If the trader makes defective deliveries in respect of one or more instalments, the consumer, apart from any entitlement to claim damages, may be (but is not necessarily) entitled—
(a) to exercise the short-term right to reject or the right to reject under section 19(6) (as applicable) in respect of the whole contract, or
(b) to reject the goods in an instalment.
(4) Whether paragraph (a) or (b) of subsection (3) (or neither) applies to a consumer depends on the terms of the contract and the circumstances of the case.
(5) In subsection (3), making defective deliveries does not include failing to make a delivery in accordance with section 28.
(6) If the consumer neglects or refuses to take delivery of or pay for one or more instalments, the trader may—
(a) be entitled to treat the whole contract as at an end, or
(b) if it is a severable breach, have a claim for damages but not a right to treat the whole contract as at an end.
(7) Whether paragraph (a) or (b) of subsection (6) (or neither) applies to a trader depends on the terms of the contract and the circumstances of the case.
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