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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I sell off road ATV and ground care equipment, this gets a

Resolved Question:

I sell off road ATV and ground care equipment, this gets a battering so how can I protect myself against customers coming back in 6 months time saying they are not fit for purpose
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you offer them any sort of guarantee?

Customer:

Hi Ben

Customer:

Hi Ben , i don't offer a guarantee because of the way these machines are treated, we try to be fair but thats not good enough when their is a problem

Ben Jones :

Are you just a distributor for these?

Customer:

we are dealers and sell to other businesses or private clients, we give them an invoice that says no warranty implied or given but I was told we have to give 6 months warranty but that's almost impossible due too the nature these machines are used for

Customer:

what happens now

Ben Jones :

You do not have to give a warranty at all but the buyers will have certain legal rights which are given by law and it is impossible to avoid them. A warranty is something which you offer as an ‘extra’ and at your own discretion. If you do not offer one, then private sellers only (not business ones) will have certain rights under the Sale of Goods Act.


 


It states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if they change their mind and no longer want the goods.


 


What some people may refer to as a 6 month warranty is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale. Proving all of this would be a factual matter really depending on what reasons the buyer is using to try and return the goods.

Customer:

what would be the difference as all our clients even the private ones are in some sort of Business as they want to claim the vat back, so when I say private they are still in business but maybe a builder or landscaper

Ben Jones :

it matters whether the purchase was made for private or business purposes. So in these circumstances it would most likely still be a business buyer and this law does not apply to them. So you can offer a contractual warranty if you wanted to but you do not have to and the automatic protection under law does not apply in the circumstances

Customer:

Ok, so if I sell an ATV to a farmer or a Mower to a Golf Course or any related business use and they say after a month which I think is fair the drive shafts are hanging out when they was not a month before they bought it, I don't have too offer any guarantee or financial reimbursement,

Ben Jones :

nit unless they can prove that you sold them a broken item in the first place

Customer:

Well Ben that definitely helps out as All our clients are in Business and again I was told if it was not the same sort of business as I was in i.e. plant and machinery, or ATV and Groundcare the Law would be the same as if they was private, so I said how is it possible to trade and make a profit if someone can use a machine for 5 months and then say its not doing its job properly after wrecking it , then say could ask for a refund

Ben Jones :

No, the law applies top consumers (i.e. people not buying in the course of a business) who are buying from business sellers. So what you have described does not fit into this

Customer:

we would never intentionally sell anything with a problem as we sell everything tried and tested, any inspection welcome, but a conversation I had with another dealer earlier who had obviously been misinformed put me in a position that made me feel if a customer in Business buys a machine for the purpose it is intended, when as a dealer are you free from comebacks, must be straight away

Ben Jones :

yes correct

Customer:

1st Class Thank you, ***** ***** on the verge of packing up as I thought a dealer had no rights at all, I understand consumer Law for the private customer but all we do is Business to Business

Ben Jones :

the law certainly protects consumers more than businesses, in these circumstances the buyers will carry the risks themselves

Customer:

Thank You

Ben Jones :

you are welcome

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46182
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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