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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47340
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi Ben, is there anyway a seller can protect there self from

Resolved Question:

Hi Ben, is there anyway a seller can protect there self from consumer law and the sale of goods , if they are selling off road machinery and plant like diggers etc, not to be dodgy but its almost impossible to offer a warranty on these type of goods or earn the amount of money it takes to put them right if someone comes back in six months after doing whatever they have done and it has a problem
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello again, if I remember correctly we did discuss this issue at length recently and I cleared up your position in terms of where you stand as a business seller selling to business customers. What outstanding queries do you have in relation to this still?

Customer:

To be honest I don't have anymore issues other than if you buy a brand new machine you get 12 months warranty, if you buy a secondhand machine you get 6 months warranty, the secondhand machine can be a piece of crap, sold really cheap and someone can still come back if not with the consumer law, the sale of goods act, I am just trying to word an invoice that if someone has a very good deal they are not entitled to any warranty as their may not be hardly be any profit

Ben Jones :

you do not have to offer any warranty if you do not want to - these are not a legal requirement and are offered at the seller's or manufacturer's discretion. The rights the buyers get by law are not really a warranty, rather certain protection they get depending on whether they are a consumer or not and also depending on what happened with the sale, such as if it was described accurately or if you were guilty of some other sort of breach of contract

Customer:

I accept that and I don't know what else to say without sounding stupid or repeating myself anymore, But if you told someone in the contract to get it looked over by a competent person before using it, would that exclude you for a problem if it was something you could not see

Ben Jones :

it would depend on whether it as reasonable for them to spot any issues and also whether you made any guarantees or promises about the condition of the item, which then turned out to be untrue. However, if it was sold 'as seen' with no promises at all then it is for them to satisfy themselves about its quality and they will be buying it at their own risk

Customer:

Ok Thank You

Ben Jones :

you are welcome

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