Ok thanks. Whilst business-to-business contracts are not subject to the Consumer Rights Act 2015, which provides private consumers with certain rights when buying from business sellers, there are still certain laws that apply to business contracts.
The main piece of legislation is the Sale of Goods Act 1979. It states that goods sold must be:
· of satisfactory quality – they must not be faulty or damaged when received
· as described – they must match any description given at the time of purchase
· fit for purpose – they should be fit for the purpose they are supplied for
If the goods do not meet the above criteria, the buyer is able to reject them within a reasonable time. This period is not defined in law and would depend on the specific circumstances, i.e. how long it would have been reasonable for someone using the goods in question to inspect them and determine their suitability or that they are free from defects. Also note that 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.
In your case you would be arguing that the vehicle was not as described and reject it on these grounds.
It is important to note that regardless of the above, a business-to-business contract can exclude the application of the Sale of Goods Act and the protection it offers. Therefore, if the sales agreement contained a specific clause which said that the Sale of Goods Act does not apply to the transaction, the buyer cannot rely on it and reject the item for any of the above reasons.
However, even if such an exclusion applied, you can still argue they had acted in breach of contract by not selling you what they had advertised or promised you.
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