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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good morning, I purchased a fridge from Argos office

Resolved Question:

Good morning,
I purchased a fridge from Argos for my office tea station last August.
It has now stopped working. Argos included a clause in their terms and conditions that state that:
8.2 We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
Their position is that they have no responsibility or liability because of the above statement and that because I purchased the firdge for my office I have no rights under the Sale of Goods Act, is this right?
Elaine
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know how much you paid for the fridge?
Customer: replied 2 years ago.

Hi Alex,

£159.99 for fridge

£19.98, recycle old fridge

£8.95 Delivery (to my office!)

£188.92 total

Expert:  Ash replied 2 years ago.
Thanks. Argos have express (written or oral) terms of business which are incorporated into the contract. However these terms can not override the implied terms by law.
As such no matter what their own terms and conditions say they can not exclude the provisions of the Sale of Goods Act. They can't exclude the requirement in law for the goods to be fit for purpose, as described and of suitable quality.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Alex,

The claim that the Slae of Goods Act applies only for an individaul and not a business, is that right?

Elaine

Expert:  Ash replied 2 years ago.
It applies to a business as well.
The Act says: This Act applies to contracts of sale of goods made on or after (but not to those made before) 1 January 1894.
Alex
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.