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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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I a, a business - LLP registered. I purchased 2 x identical

Resolved Question:

I a, a business - LLP registered.
I purchased 2 x identical hard drives from another business within the UK.
The first of the two was dead on arrival.
The second failed during operation within 24 hours.
They were both purchased for a specific job.
Due to their failure, since this job was listed as an emergency, we had no option to work overnight in order to succeed.
The supplier is now refusing to offer a full cash refund, as he feels his rights extend to supplying replacement disks from their distributor.
I will not use these high-capacity disks again, simply want a refund. How can this be resolved? Of relevance - in around 2011 we ordered from them a fairly complex set of goods. On opening the package, it was discovered that some of the items were missing.
Span directly accused us of lying as, since they had checked their warehouse, all was as it should be - there was no doubt we had received the goods. No way did we.
What are my rights?
All I want is a refund (the specific job for which I required these drives has finished - in our favour - and we DO NOT at all want replacement drives, as I consider them unreliable.
Thanks
Duncan
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alex Hughes :

Good evening. What is the value of these drives?

Customer:

£190 + VAT each. (x 2)

Alex Hughes :

Thanks for the additional information. As this is a business-to-business transaction the Sale of Goods Act 1979 doesn't apply but the principles of the legislation do. It is an established principle of English Law that there is a breach of contract if goods sold are not fit for purpose and not of satisfactory quality. Your rights are against the seller, not the manufacturer, and you have the right to seek a full refund or replacements. If the seller is not forthcoming then I recommend you send a letter of claim giving the seller 14-days to refund/replace after which you should commence a claim in the County Court using the Moneyclaim online system through the Ministry of Justice portal: https://www.moneyclaim.gov.uk/web/mcol/welcome - a small fee is payable and the procedure is very straightforward indeed. All you need to say in your claim is "1. The claimant claims the sum £456 for faulty goods [items ....] sold by the defendant in breach of contract. The said goods are not fit for purpose and not of satisfactory quality." You can also add interest to the claim and the rate at the moment is 8% per annum. If you have suffered any financial loss as a result of these items malfunctioning you can add them to your claim so long as they are directly linked to the problem: loss of profit, sales and extra expenses incurred in dealing with the job, for example, if quantifiable could be added. The leading case on this is called Hadley v Baxendale which says that so long as the loss is foreseeable and not too remote, then you can claim damages for breach of contract. So you could add another head to your claim as "2. And the claimant claims the sum of £x for loss of profit arising from the said breach calculated as...." Remember that when you send your 14 day letter of claim to include all your losses and give the seller a chance to respond. Obviously if you here nothing you should press ahead with the claim.

Expert:  Alice H replied 2 years ago.
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Expert:  Alice H replied 2 years ago.
Thanks for the additional information. As this is a business-to-business transaction the Sale of Goods Act 1979 doesn't apply but the principles of the legislation do. It is an established principle of English Law that there is a breach of contract if goods sold are not fit for purpose and not of satisfactory quality. Your rights are against the seller, not the manufacturer, and you have the right to seek a full refund or replacements.
If the seller is not forthcoming then I recommend you send a letter of claim giving the seller 14-days to refund/replace after which you should commence a claim in the County Court using the Moneyclaim online system through the Ministry of Justice portal: https://www.moneyclaim.gov.uk/web/mcol/welcome - a small fee is payable and the procedure is very straightforward indeed.
All you need to say in your claim is "1. The claimant claims the sum £456 for faulty goods [items ....] sold by the defendant in breach of contract. The said goods are not fit for purpose and not of satisfactory quality." You can also add interest to the claim and the rate at the moment is 8% per annum. If you have suffered any financial loss as a result of these items malfunctioning you can add them to your claim so long as they are directly linked to the problem: loss of profit, sales and extra expenses incurred in dealing with the job, for example, if quantifiable could be added.
The leading case on this is called Hadley v Baxendale which says that so long as the loss is foreseeable and not too remote, then you can claim damages for breach of contract. So you could add another head to your claim as "2. And the claimant claims the sum of £x for loss of profit arising from the said breach calculated as...." Remember that when you send your 14 day letter of claim to include all your losses and give the seller a chance to respond. Obviously if you here nothing you should press ahead with the claim.
I hope this helps. Happy to discuss further if needed.
Alex
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