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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48210
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi Ben, I have been having a conversation with my dealer friend

Resolved Question:

Hi Ben, I have been having a conversation with my dealer friend about what we spoke about earlier, he bet me £100 it was wrong , so without trying to cause a problem I asked the question again and another Solicitor answered and really blew it all out the water, he said even a business has unto 6 months to get a refund, without it costing me too much more and not wanting to cause any problems between yourself and colleagues, how can I be 100% with what we spoke about earlier as it is very important, not just for the £100 I have to give my mate but for my Business
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello again, I'm afraid I do not agree with my colleague's answer and I have discussed why on that page, but for your own reference here is my answer again:


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. So you still cannot misdescribe the items for sale or pass them off as being of a good quality of they are not, but if the buyer does not meet the definition of a consumer above, then the rights you refer to would not apply

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