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(1)In this Act, unless the context otherwise requires'
"action" includes a counter-claim and a set-off;
"ascertained goods" means goods which have become identified subsequent to the formation of the contract;
"bill of lading" means a receipt for goods delivered to and received by a ship, evidencing the terms of the contract under which the goods are delivered and received, and signed by the person who has contracted to carry them, or his or her agent;
"bulk" means a mass or collection of goods of the same kind which'
(a)is contained in a defined space or area; and
(b)is such that any goods in the bulk are interchangeable with any other goods of the same number or quantity;
"buyer" means a person who buys or agrees to buy goods or who procures or agrees to procure services;
"computer software" means'
(a)computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and
(b)recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled;
"condition" means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such a contract, the breach of which gives rise to a right to reject the goods and treat the contract as repudiated;
"consumer" means a person who purchases goods or services for final use or ownership rather than for resale or use in production;
"contract of sale" includes an agreement to sell as well as a sale;
"currency point" has the value assigned to it in the Schedule to this Act;
"data message" means data generated, sent, received or stored by computer means and includes'
(a)voice, where the voice is used in an automated transaction; or
(b)a stored record;
"delivery" means voluntary transfer of possession from one person to another and includes an appropriation of goods to the contract that results in property in the goods being transferred to the buyer;
"document of title to goods" includes any bill of lading, dock warrant, warehouse-keeper's certificate, warrant or order for the delivery of goods, and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive goods represented by it;
"future goods" means goods to be manufactured or acquired by the seller after the making of the contract of sale;
"goods" includes'
(a)all things and personal chattels, including specially manufactured goods, which are movable at the time of identification to the contract of sale other than the money representing the price, investment securities and things in action;
(b)emblements, growing crops, unborn young of animals and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale;
(c)computer software; and
(d)undivided share in goods held in common;
"intellectual property rights" includes industrial property rights, trade marks, copyright, geographical indications;
"Minister" means the minister responsible for trade;
"property" means the general property in goods, and not merely a special property;
"sale" includes a bargain and sale as well as a sale and delivery;
"seller" means a person who sells or agrees to sell goods;
"services" means any service or facility provided for gain or reward or otherwise than free of charge, including services or facilities for'
(a)banking, insurance, grants, loans, credit or financing;
(b)amusement, cultural activities, entertainment, instruction, recreation or refreshment;
(c)accommodation, transport, travel, parking or storage;
(d)the care of persons, animals or things;
(e)membership in a club or organisation or any service or facility provided by the club or organisation; and
(f)any rights, benefits, privileges, obligations or facilities that are or are to be provided, granted or conferred in the course of services; but does not include services provided under a contract of employment;
"specially manufactured goods" means goods manufactured according to specifications set out in a contract or other agreement;
"specific goods" means goods and percentages of goods identified and agreed upon by the parties at the time a contract of sale is made and includes undivided shares in specific goods held in common;
"supplier" means a person who supplies or agrees to supply services;
"unascertained goods" means goods not identified and agreed upon at the time the contract is made;
"warranty" means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of that contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated.
(2)A thing is done "in good faith" within the meaning of this Act when it is in fact done honestly, whether or not it is done negligently.
(3)In determining whether a person is insolvent within the meaning of this Act, reference shall be made to the Insolvency Act.
(4)Goods are in a "deliverable state" within the meaning of this Act when they are in such a state that the buyer would, under the contract, be bound to take delivery of them.
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