Thank you. 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, which 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. Saying that, there is a common understanding that the first 30 days after purchase would generally be considered reasonable. Do note, however, 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.
If the buyer is too late to reject the goods for a refund, they can still ask for a repair or replacement instead.
My main concern here is that he will have seriously reduced his rights by not servicing it and following the service schedule expected. The seller can always argue that had it been services as required, these issues may have been avoided. It is for him to prove that the lack of service would have made no difference based on the specific part that has gone wrong.
If he cannot come to an agreement with the seller he has to take his chances in the County Court to seek compensation for any repairs.
Does this answer your query?