Can I return faulty goods and get a refund in Ghana?

Under section 13(1) of the Sale of Goods Act, it is a condition of a sale that the goods are free from defects that were not declared or known to you when you made the contract. That condition does not apply:

• To defects you should have found if you examined the goods before buying.
• In a sale by sample, to defects a reasonable examination of the sample would have shown.
• Where the seller does not sell goods like these in the ordinary course of business, to defects the seller did not know about and could not reasonably have known about.

Where the seller supplies goods of that kind in the course of business and you made known the purpose you needed them for, the goods must be reasonably fit for that purpose (section 13(1)). Goods sold by description must correspond exactly with the description (section 11). These conditions also cover the containers the goods come in (section 13(6)).

Where the seller supplies goods of that kind in the ordinary course of business, a term in the agreement that says otherwise does not remove the condition that the goods are free from undeclared defects (section 13(2)). A term removing the fitness for purpose condition only has effect if the seller proves it was brought to your notice and its effect made clear before the contract was made (section 13(3)).

You can reject the goods and refuse to pay, or recover the price, where the seller has broken a condition of the contract in a way that is not trivial, has broken a fundamental obligation, or where you bought because of a fraudulent or innocent misrepresentation by the seller (section 49(1)).

• Tell the seller that you reject the goods. You do not have to take them back; telling the seller is enough, and the seller is then entitled to have the goods made available to them (section 50(1) and (2)).
• If you have paid, you can keep the goods until the seller repays or offers back what you paid (section 50(3)).
• Keep the receipt, packaging and photographs of the defect, and put your rejection in writing.
• You can also claim damages for the breach, or have them deducted from the price (section 55). Damages are the loss that could reasonably be expected to result from the breach (section 56).

You cannot reject goods you have accepted (section 51(1)). You accept them if you tell the seller you accept them, or if you do not tell the seller within a reasonable time after delivery that you reject them (section 52). What is a reasonable time depends on the facts (section 77).

A court claim founded on a simple contract must generally be brought within six years of the date the claim arose (Limitation Act, section 4(1)).