Iron bought from Makro - are they exempt from consumer rights?

Tozer

OlliesDad wrote: »

Tozer wrote: »

Yes if it is a genuine business to business transaction. There have been some cases where a business buys or sells something out of the ordinary and it has been successfully argued that it is not acting in the course of a business.

Can you provide examples of such cases?

I'll have a dig around later. I actually only practise commercial law so the issues don't crop up every day!

I seem to recall that most cases involved whether the seller was acting the course of a trade or business so the test in this case would be the flip of that.

Seem to recall Tesco -v- Natrass as one of the leading cases relating to trade desriptions but don't quote me on that.

EDIT: Found it!!! R & B Customs -v- UDT (1988) - Court of Appeal - Company buying a company car for directors use was actually a consumer despite issung purchase order, etc. The case went against the company on the facts but the CA held that it was able to benefit from the SoGA ("merchantable quality" at the time).

Also Davies -v- Sumner (House of Lords).

Tozer

LinasPilibaitisisbatman wrote: »

No but then Asda and Tesco dont limit access to their premises only to business buyers and make those accessing their premises sign terms stating they are business buyers.

If this went to a court I don't for a second think a judge would reward the OP's fraudulent behaviour.

With respect, I doubt you have been in too many courts....

To prove "fraud" would require the criminal courts to make a judgment on a 'beyond reasonable doubt' basis. To succeed before a small claims judge, you would have to prove that you were actually a consumer on the balance of probabilities - a much lower test.

It would be for Makro to make a complaint to the Police afterwards. But do you think they would really be interested over the cost of returning a defective iron? At the time of the 'offence' there would have been no intent to defraud.

balloo_2

If Makro is a business to business wholesaler, what if i bought stock off them for example a steam generater iron to resell and it took me 3, 4,5 or even 6 months to sell in my little corner shop how could i give a 12 month warranty as stated in the user manual? if the item went faulty Makro would not exchange it and the manufacturer would ask me when i bought it and ask to see the reciept and the warranty would have run out??? and i would end up out of poket. does this make sense to you guys. :eek:

Tozer

balloo wrote: »

If Makro is a business to business wholesaler, what if i bought stock off them for example a steam generater iron to resell and it took me 3, 4,5 or even 6 months to sell in my little corner shop how could i give a 12 month warranty as stated in the user manual? if the item went faulty Makro would not exchange it and the manufacturer would ask me when i bought it and ask to see the reciept and the warranty would have run out??? and i would end up out of poket. does this make sense to you guys. :eek:

12 month guarantee is provided by manufacturer. Your obligations are pursuant to the Sale of Goods Act. There is no fixed time within which the goods are required to comply with the implied warranties.

Your problem is that you do not have automatic back-to-back contractual rights.

Tribulation

Tozer wrote: »

I've got a Makro card. But i haven't got a company. I am not VAT registered.

As mentioned above, NOBODY has the power to contract out of consumer legislation. Whether someone is acting in the course of a trade or business is a matter for a judge to determine.

When the Makro store in Norwich opened, they phoned round numerous businesses offering cards to anyone that worked there.

My wife worked in a hairdressing salon at the time, Makro gave all employees of her salon a card.

Tozer

Tribulation wrote: »

When the Makro store in Norwich opened, they phoned round numerous businesses offering cards to anyone that worked there.

My wife worked in a hairdressing salon at the time, Makro gave all employees of her salon a card.

Pretty much the same story as to how I got mine.

Makro know very well that a very large proportion of their sales are not B2B.