Mary wants to expand her hairdressing business. She entered into a contract with a Hong Kong manufacturer for the supply of a famous brand of hair beauty products. One of the products is a shampoo made from a particular specie of ginseng from Korea. This has the effect of preventing hair loss. It was expressly stated as a description in the contract that the ginseng used to make the shampoo must be of that particular specie. Ginseng of other species is not acceptable. Upon delivery of the consignment of shampoo, Mary took samples to the local laboratory for test. The result showed that it only contained ginseng from other species but not the one stated in the contract.

Mary liaised with the manufacturer and expressed her intention to reject the consignment of shampoo. The manufacturer insisted that Mary could not return the goods and should perform the contract by paying the contract price. Analyse with reference to applicable legal provision whether Mary can reject the goods and give a full account of the legal principle she can base on to initiate legal action.(500 words)