As soon as goods/services have been delivered, any problems should be notified to the supplier immediately. Preferably this notification should be in writing and if verbal, confirmed in writing, immediately. The longer a delay in rejection, the more difficult it will be to argue that your silence did not imply acceptance of the goods/services delivered.
Where, as part of the acceptance process, there is commissioning and acceptance testing, these should be completed within an agreed timescale and any problems notified, in writing.
If goods are rejected, solutions available to the buyer are
- To seek replacement goods or services that meet the product specification, and
- Damages, where the failure to supply acceptable goods or services has caused problems that cannot be solved by providing replacements
Once goods have been accepted, the buyer's only recourses are to
- Sue for damages for breach of contract, or
- Claim for contravention of statutory obligations, or
- Claim against any guarantee that is available.
The remedy of rejection is not available forever, however, acceptance cannot occur until the buyer has had a reasonable opportunity of examining the goods to check conformance.