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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75932
Experience:  Qualified Solicitor
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I bought a Vito van last Wednesday which as soon as I bout

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Hi I bought a Vito van last Wednesday which as soon as I bout it had shaking problem on motorway and I payed money to resolve the issue and now had broken down and has a other issues I think but just wondered if it doesn’t get resolved to my standard of drivability can I return the vihacle and what are my rights? many thanks!
JA: Where are you? It matters because laws vary by location.
Customer: london ought the van from Mercedes dealer in Doncaster bought*
JA: What steps have you taken so far?
Customer: I spoke to the dealer and told him what issues I have and now waiting for Mercedes Benz recovery to pick up the van and take it to approved Mercedes Benz dealer service in north London to see what the issue is.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I did said to the dealer that if the van is not up to my standards and I don’t like the way it drives still I’m looking to return this. Because is clearly not fit for purpose from the moment I got it.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Did you buy it for business or personal use? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 6 days ago.
Both

Hello, I tried calling a couple of times today but where was
no answer. I will reply in writing for now.

The majority of legislation dealing with purchases of goods
and services is aimed at providing protection to private consumers when they
have dealt with a business. When it comes to business-to-business transactions,
there are still some relevant laws and rights, but they are just not as
extensive as with consumer protection ones. As you bought the van for business
use as well, you won’t be able to rely on consumer protection.

The assumption in B2B transactions is that the contracting
parties are deemed to be more sophisticated, in a stronger negotiating position
and able to decide what is far and what is not. The main pieces of legislation
covering this area are The Sale of Goods Act 1979 and The Supply of Goods and
Services Act 1982 which provide for certain implied expectations.

If the transaction was for the purchase of goods, it states
that they 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 any of the above criteria, the
buyer is able to reject them or challenge 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, or notice the issues complained of. Saying that, there is a
common understanding that the first 30 days after entering into the contract
would generally be considered reasonable.

Do note, however, that there is no protection against fair
wear and tear, misuse or accidental damage. If the buyer is too late to reject
the goods for a refund, they can still ask for a repair or replacement instead
and these rights carry on beyond the initial ‘reasonable time’ for an automatic
rejection.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.