Faulty Washing Machine from Makro as business - Any rights?

Anihilator

The difference between previous threads is that there is no possibilty of a cosumer contracting with Dell without 100% culpability to commit a deception.

OlliesDad

It would be breach of contract if you purchased something by claiming you were a business but actually being a consumer.

You cannot claim for breach of contract under SOGA if you have already broken the contract yourself.

taxiphil

neilmcl has got it pretty much spot on, but I just want to add that the definitive case law in this area - R & B Customs Brokers v United Dominions Trust [1988] - says that even where a business buys from another business, it is classed as a consumer sale (for the purposes of SOGA) if the transaction is only "incidental" to the to the business activity of the buyer and there is no degree of regularity in buying that particular product.

In other words, assuming this purchase was a one-off and the OP's mum doesn't regularly buy washing machines off Makro and use or resell them for business purposes, it's covered by SOGA.

This also means the contract is a consumer one for the purposes of s.12 Unfair Contract Terms Act 1977, which will nullify any sweeping clauses in Makro's T&Cs which seek to exclude liability to consumers.

Equaliser123

taxiphil wrote: »

neilmcl has got it pretty much spot on, but I just want to add that the definitive case law in this area - R & B Customs Brokers v United Dominions Trust [1988] - says that even where a business buys from another business, it is classed as a consumer sale (for the purposes of SOGA) if the transaction is only "incidental" to the to the business activity of the buyer and there is no degree of regularity in buying that particular product.

In other words, assuming this purchase was a one-off and the OP's mum doesn't regularly buy washing machines off Makro and use or resell them for business purposes, it's covered by SOGA.

This also means the contract is a consumer one for the purposes of s.12 Unfair Contract Terms Act 1977, which will nullify any sweeping clauses in Makro's T&Cs which seek to exclude liability to consumers.

Absolutely spot on!

Equaliser123

OlliesDad wrote: »

It would be breach of contract if you purchased something by claiming you were a business but actually being a consumer.

You cannot claim for breach of contract under SOGA if you have already broken the contract yourself.

Not correct at all. A breach by one party does not extinguish the rights in respect of an unrelated breach.

Makro would have the right to claim for a breach of contract but a) they wouldn't bother; and b) establishing loss will be very difficult.

Dr.Shoe_2

I thought that the guarantee was offered by the manufacturer not the vendor?

Anihilator

Establishing the law is very easy. The invoice/receipt for the cost to comply with the SOGA would do that.

Equaliser123

Anihilator wrote: »

Establishing the law is very easy. The invoice/receipt for the cost to comply with the SOGA would do that.

Rubbish. Given that the SOGA would apply in a B2B transaction anyway, a claim for costs to comply with the law would be thrown out of Court.

DrScotsman

taxiphil: That sounds amazing, but there's one thing I don't get:

12“Dealing as a consumer”
(1)A party to a contract “deals as consumer” in relation to another party if—

(a)he neither makes the contract in the course of a business nor holds himself out as doing so; and
...

I'm not sure I understand the bold...By going to Makro (clearly a place only intending to sell to businesses, especially given their T&C) aren't you "holding yourself out" as making the contract in the course of a business?

Anihilator

Equaliser123 wrote: »

Rubbish. Given that the SOGA would apply in a B2B transaction anyway, a claim for costs to comply with the law would be thrown out of Court.

No it wouldnt.

The costs are as a result of the OP's breach of contract hence recoverable.