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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I purchased some weighing scales business (Subway

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I purchased some weighing scales for my business (Subway Franchise) approx 3 months ago from a subway recommended supplier.
The scales no longer work properly. The digits on the screen go haywire when nothing is on them.
I contacted h&k the company we purchased them from. They hav contacted Their supplier who state we have to return the faulty scales for their engineer to check them.
They can arrange collection however if they are faulty due to our fault then we have to pay.
Also there is no loan equipment available in the meantime.
I would like to know my rights please as we have not had the scales for long at all and I believe my suppliers should be sorting all this
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Can you please check the purchase contract to see if it disapplied consumer legislation such as the Sale of Goods Act please?
Hello, not sure if you saw my initial query above - Can you please check the purchase contract to see if it disapplied consumer legislation such as the Sale of Goods Act please?
Customer: replied 1 year ago.
Hi Ben, there was no initial contract. I have asked for a copy of the terms and conditions of the sale but they have ignored my request
Hi there, generally when a purchase is made from a business seller, the Sale of Goods Act 1979 provides certain rights on the buyer. Whilst this is mainly intended to cover individual consumers, it does also give rights to business buyers. However, this is only the case if the contract dis not specifically exclude the rights given under this legislation. If it did, your rights will be limited to claiming in the event the item was missold to you, for example you were not given what was advertised or it was advertised incorrectly. Also these rights are against the seller, not the manufacturer so it is the supplier who has to deal with this and against whom your rights are.If the legislation is not excluded you will have protection in the sense that you can expect the item to be of satisfactory quality, as described and fit for purpose. In this case it is not of satisfactory quality as it is faulty. You have the right to reject the item for a refund, usually only possible within the first month after purchase, or to get it repaired or replaced. As you may be too late for a refund it is a repair or replacement you can ask for, which they must arrange without causing you too much inconvenience.This is your basic legal position. I have more detailed advice for you in terms of the rights you have if they refuse to resolve this or do so in a way which causes you significant inconvenience, 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, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
Are you going to be giving me the
Ore detailed advice ?
Hi there, assuming the laws I mentioned have not been disapplied in the written contract, you can consider pursuing the seller for compensation. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.