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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10254
Experience:  30 years as a practising solicitor.
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Good evening, further to my previous question regarding problems

Resolved Question:

Good evening, further to my previous question regarding problems with a second hand agricultural tractor I have now received a responce from the company. They have indicated that they will send me parts to repair some of the faults but there are still some outstanding faults to be repaired. The company say that they do not have to recognise these faults as I bought the machine in a business to business transaction and trading standards and the sale of goods act will not apply to the tranaction. Could you provide me with any further advice to bring this problem to a conclusion. I am a Sole Trader.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Can you tell me precisely what they have said as the Sale of Goods Act does apply to a business transaction.
Customer: replied 2 years ago.

Good morning, i will quote the paragraph from the letter I received. It reads as follows "May we inform you that as you presented, engaged, confirmed and concluded the purchase as a business user in a business to business transaction. The law treats business to business contracts in a different framework to which Trading Standards have no remit" The problem is that while I was happy with the machine when I viewed it in the dealers premises it was not until the machine was put to work that the problems became apparent. They are trying to suggest that I created the problems myself, this is not the case. I have tried to meet them half way and have offered to carry out the repairs myself if they will provide the parts required. They have said they would provide some of the parts but there is still a leaking fuel tank to replace and also the steering linkage fell apart shortly after I received the machine. Because of this event I am begining to question the standard of their pre delivery inspection and have asked for a copy of the inspection report. Can I ask for this to be sent to me? I am at a lose as to why they have adopted this stance.

Regards

William

Expert:  JGM replied 2 years ago.
Trading Standards are an organisation. That is nothing to do with the Sale of Goods Act which he forms the basis of your statutory right to receive goods of satisfactory quality. Your tractor is not of satisfactory quality. They don't have to give you their pre inspection report unless you take them to court and ask the court to make them produce it.
However they are in breach of contract as the tractor is not of satisfactory quality and you can reject it and claim damages.
You have to see a solicitor and get him to write for you as they are spinning you a line here. Are they seriously saying that in a business to business contract they can avoid the their legal obligation. You have to take a harder line here with them.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10254
Experience: 30 years as a practising solicitor.
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