30 Aug 2007
HING YIP PRODUCTS FACTORY v. RINGO INDUSTRIAL LTD
- Citation
- HING YIP PRODUCTS FACTORY v. RINGO INDUSTRIAL LTD
- Court
- District Court
- Case number
- DCCJ4930/2004
Defendant failed to prove the buckles were defective or that the specific tightness required had been communicated at contract formation; by incorporating buckles into finished garments and using them without returning them the Defendant had accepted the goods and lost the right to reject; modification by the Plaintiff was an accommodation not admission of breach; goods corresponded to sample and were of merchantable quality; therefore Plaintiff entitled to the claimed balance and the Defendant's counterclaim is dismissed.
- Merchantable quality
- Acceptance and rejection of goods
- Implied terms as to fitness and correspondence to sample
- Breach of warranty
- Counterclaim for damages
- Set off