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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi, I am a Plant and Machinery dealer who sells Mowers - ATVs

Customer Question

Hi, I am a Plant and Machinery dealer who sells Mowers - ATV's - Dumpers and Diggers etc, we mainly sell to other Businesses as 99% of our customers are vat registered and want to claim it back, they are not all in the same line of business but they buy the machines to be used for their business, we do not offer warranties, as the nature of the business item's we sell means they normally get a Bashing, what amount of time is it before a Business customer can come back with a problem and want money back or reimbursement for a problem, I have 2 very good replies on here but they are both different, on our invoice we say no warranties implied or given, sold as is where is, any inspection welcome,

Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

The amount of time is as follows

6 years under the Sale of Goods Act to make a claim. The buyer does not need to prove that the machines were faulty during the first 6 months of purchase, after 6 months up to 6 years, they have the burden of proof to show that the goods were faulty.

Your problem is that the businesses who are purchasing from you use the machines for their business so are treated as consumers and therefore covered by the Sale of Goods Act.

I would draw your attention to this article which explains the legal position
http://www.e-lawresources.co.uk/Statutory-implied-terms.php

You may also contact your local trading standards for clarification.

Hope this helps


Customer: replied 3 years ago.

I am blown away, I have just been speaking to someone on here for half an hour and they said, Business to Business the buyers carry the risk themselves, Business users don't have the same rights as a private customer

Expert:  UKSolicitorJA replied 3 years ago.
It is a complex area of law. If your business is using the goods for their own use, they may be seen as consumers and therefore protected. Only the courts may provide a definitive ruling in your case, we can only express our opinions here.
Customer: replied 3 years ago.

I understand its only opinions, but after looking at the Law it seem's almost impossible that a Business could sell a secondhand machine to a customer after a lot of haggling, take a small profit in relation to the machines worth, and months later the customer who has not looked after the machine but with no visual abuse can come back and ask for a refund, after agreeing to the business terms and conditions, is that not a kick in the teeth to every dealer regardless of profit margins

Expert:  UKSolicitorJA replied 3 years ago.
It sure is and the law can be an ass unfortunately.

Sorry, but I can only advise you on my understanding of the law. I do not make the law nor am I a court.
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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Expert:  Ben Jones replied 3 years ago.
A consumer is not someone who buys for a business, the SGA defines a consumer contract for its purposes' in the same way as the Unfair Contract Terms Act 1977, s 25(1) - "consumer contract means a contract in which —(a) one party to the contract deals, and the other party to the contract (“the consumer”) does not deal or hold himself out as dealing, in the course of a business" or subject to other restrictions "the goods are of a type ordinarily supplied for private use or consumption". Industrial equipment such as in this case is quite unlikely to be seen as being ordinarily sold for private use and also the type of contract to which this part applies would not fit in here.