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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 63343
Experience:  Qualified Solicitor
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I am looking for advice. I bought a second hand commercial

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Hi I am looking for advice. I bought a second hand commercial oven through an auction house. I have got it connected and it doesn't work. I would like to know my rights in this situation
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no
JA: Where is the house located?
Customer: liverpool
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

When did you buy it?

Customer: replied 1 month ago.
I bought it in October and it was in a safe storage whilst I made room for it and was connected about 2 weeks ago

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Can I just check if you attended the auction in person?

 

Customer: replied 1 month ago.
no it was online. I have emailed the company and they said it was sold as seen. It was an online auction so does that still stnad as valid. I.e sold as seen?

Thank you. If you had bought it in person and it was sold as seen then you would have lost any rights to claim as you take on all liabilities for its condition following the purchase. If it was done online then they cannot just say it was sold as seen and certain rules would still apply.

 

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.

 

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 1979 does not apply to the transaction, the buyer cannot rely on it and reject the item for any of the above reasons.

 

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 1 month ago.
Sorry yes this Is great thank you!

All the best

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