Conform to contract

When consumers complain about goods they frequently say that they are "faulty". What this means, in legal terms, is that the goods do not conform to contract, although this is not the language that the typical consumer uses.

Goods would not conform to contract (would be faulty) if they failed to work immediately from the time of sale. Indeed, goods might not conform to contract if they failed to work later, even after a number of years, due to an inherent fault – i.e. one that could be said to exist at the time of sale.

Goods also do not conform to contract if they do not comply with any description given by the retailer prior to sale.

The Sale of Goods Act, which governs whether there is a lack of conformity with the contract, says that:
Goods should match any description given to them.
Goods should be of satisfactory quality i.e. they should meet the standard a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all other relevant circumstances.

The quality of goods includes their state and condition and the following (among others) are, in appropriate cases, aspects of the quality of goods -

(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b) appearance and finish,

(c) freedom from minor defects,

(d) safety, and

(e) durability.

Goods should be reasonably fit for any particular purpose that was made known to the retailer (unless the retailer disputed their appropriateness for that purpose at the time).

If a consumer was told that a DVD player could play all regions discs but it did this erratically because it was not manufactured properly, because of poor design or because it was not designed to do so, then it would not conform to contract.

However, if a customer was told that a DVD player would not play all regions discs but went ahead with the purchase they could not then claim that the goods did not conform to contract.