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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48161
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I'm I in titled to a full refund plus expenses on a biomass

Customer Question

I'm I in titled to a full refund plus expenses on a biomass heating system that was installed 7 months ago at my business property and has been faulty since being fitted and the engineers have been out on 4 occasions unable to resolve the issue it has become dangerous to use and I have rejected there attempt to try again and asked for a refund. I have sent them emails with pics showing the issues and the last 2 visits have failed to put it right. The problem has been on going since October 2015
Can anyone advise please
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello can you please let me know what what additional expenses you have incurred?
Customer: replied 1 year ago.
For Ben Jones
The additional expenses are just my finance payments up to date. I would forget other costs like my time,excess timber used in the boiler and set up costs just so I can end this nightmare quicker. Thanks
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
For Ben jones
01995 672129
Expert:  Ben Jones replied 1 year ago.
Ok thank you I will get my response ready and post it on here for you in a short while
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. As this was a business to business transaction you may still be able to enjoy certain rights and remedies provided under legislation such as the Sale of Goods Act. It is important to note that the supplying business can exclude or limit their liabilities under those laws under a written agreement with you so you need to check any contracts you have signed for the purchase to see if this was the case. If no exclusions applied then you will have similar right to what a consumer would which can be summarised as follows:
The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.
If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:
1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.
2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.
A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale.
If there is still time to reject the goods and request a refund, you may do so. If you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. If repairs have not worked then you could ask for a replacement – a refund may not be that easy to force through. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to start legal proceedings to seek compensation for your losses.
This is your basic legal position. I have more detailed advice for you in terms of the steps you should follow if you want to take the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
for ben jonesa copy of the terms and conditions from the company i bought the boiler off9. Defective Goods
a. Subject to the exclusions set out in (b) below. The Company that the Goods will correspond with their specification atr
the time of delivery and will be free from defects in material and workmanship from the date of delivery for 1 year.
b. The above warranty is given by the Company subject to the following conditions;
i. The Company shall be under no liability in respect of any defect in the Goods arising from any drawing, design or
specification provided by the Customer.
ii. The Company shall be under no liability in respect of any defect in the Goods arising from work carried out by the
Customer or his appointed (third party) agent, wear and tear, wilful damage, negligence, abnormal working conditions,
failure to follow the Company’s instructions (whether oral or in writing) misuse or alteration or repair of the goods
without the Company’s approval.
iii. The Company shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if
the total price for the Goods has not been paid by the Due Date for payment.
iv. The above warranty does not extend to parts, materials or other equipment not manufactured by the Company in
respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the
manufacturer to the Company.
c. A claim by the Customer which is based on any defect in the quality or condition of the Goods, or their failure to correspond
with specification shall (whether or not delivery is refused by the Customer) be notified to the Company within seven days from
the date of delivery or (whether defect or failure was not apparent on reasonable inspection) within a reasonable time after
discovery of the defector failure. If delivery is not refused, and the Customer does not notify the Company accordingly, the
Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defector failure and the
Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
d. Where the Goods are returned by the Customer and accepted as defective by the Company, the Company shall at its option
either repair or replace such Goods without cost to the Customer or allow the Customer a credit to that effect. The Customer
shall not be entitled to make any claim in respect of such Goods for work done thereon, transport claim, loss of profit on resale
or in respect of any claim, loss damage or expense whatsoever other than replacement cost.
e. The Customer shall not be entitled to withhold payment for reason of an alleged defect.
f. Except as expressly provided in these conditions, and except where the goods are sold to a person dealing as a consumer (within
the meaning of unfair contract act 1977) all warranties, conditions and other term implied by statute or common law are
excluded.
g. Where the goods are sold under a consumer transaction (as defined by the consumer transaction [restriction on statements]
order 1976) the statutory rights of the Customer are not affected by these conditions.
h. Except in respect of death or personal injury caused by the Company’s negligence, or liability for defective products under the
Consumer Protection Act 1987 the Company shall not be liable to the Customer by reason of any representation, or any implied
TERMS AND CONDITIONS OF SALE version 2.8
warranty, condition or other term, or any duty at common law under the express terms of the Contract for any consequential
loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation
whatsoever (and whether caused by negligence of the Company or its employees or agents or otherwise) which arise out of or in
connection with the supply of the Goods or expressly provided in these Conditions.
Expert:  Ben Jones replied 1 year ago.
Thanks it does state that unless you are a consumer (ie a private buyer rather than a business) your statutory rifts are excluded so you cannot rely on the legislation for protection. Instead you will have to rely on the warranty they have provided which is for 1 year and that may not necessarily result in a refund unfortunately although as mentioned you can press for it
Customer: replied 1 year ago.
What are my options as you see it? As I really don't want anything more to do with the company and this is 20 year commitment and it's failing in the first year. How can they put a clause in like that when it takes away my statutory rights even if I'm a business. It doesn't seem very fair
Expert:  Ben Jones replied 1 year ago.
I am afraid they can do that, the law is primarily aimed at consumers, the little guys with not many rights. As a business it would be assumed you are better placed to deal with issues so it is legal to exclude such rights. If you are adamant you want a refund then I would start piling more pressure on the company and saying they are clearly in breach of contract by not supplying a working system. You cannot force them to refund you but you can go to the county court to pursue then for your losses
Customer: replied 1 year ago.
Which part of their terms and conditions am I looking at that shows the clause so to speak
Expert:  Ben Jones replied 1 year ago.
Well it is the clause a which deals with defective goods. You would be arguing that the reason the system
Is not performing Is because it is defective or that generally it does not meet the description given
Customer: replied 1 year ago.
The system has become dangerous so I had to stop using it before Xmas, it started spraying steam out of it so I've missed a lot of days use. I can prove it's not been right from the beginning but in your professional opinion what percentage would you put on my success of a refund ?
Expert:  Ben Jones replied 1 year ago.
I cannot go as far as offering success rates unfortunately there are far too many factors that will be taken into account so with a very limited level of information I cannot do that. We can only discuss your legal options but cannot tell you if you cannot will succeed
Customer: replied 1 year ago.
What are my options ?
Expert:  Ben Jones replied 1 year ago.
Direct negotiations with the company for resolution, failimg which the county court for monetary compensation