Sales of Goods Act - Will this be covered??

arcon5

pinkshoes wrote: »

But is this in the form of a document, detailing what the machine needed to do, with a specific mention of capacity?

If yes, then you can take them to court to get your money back, so I'd send them a "letter before action", giving them 21 days to collect the machine and refund you £25000. (Give details in the letter of why you're rejecting it as not fit for purpose).

If you don't hear anything in 21 days, then take them to court.

Sorry but ops situation isn't that simple!

This is a high value business transaction so standard protection can be removed in terms and conditions. Nobody can help without seeing the sellers terms and conditions and the sales contract.

Op needs to see a professional and not seek advise on a consumer rights forum.

MrsLB

arcon5 wrote: »

Op needs to see a professional and not seek advise on a consumer rights forum.

I only came on here to see what help or advice maybe available from other people before I go and see a solicitor.

DVardysShadow

MrsLB wrote: »

I only came on here to see what help or advice maybe available from other people before I go and see a solicitor.

The essence of it is did you order 'machine type X' or did your order 'machine to do Y'?

If you started to order 'machine to do Y', did they convince you that you should order 'machine type X' without anything being put in writing, thus breaking the chain by which you could demonstrate that your requirement was always for 'machine to do Y'

arcon5

DVardysShadow wrote: »

The essence of it is did you order 'machine type X' or did your order 'machine to do Y'?

If you started to order 'machine to do Y', did they convince you that you should order 'machine type X' without anything being put in writing, thus breaking the chain by which you could demonstrate that your requirement was always for 'machine to do Y'

Although I agree with what your saying as a general principle, I imagine a company selling such high value equipment to have water tight terms, covering the acceptance of the goods for the customers particular use. So even if the contract does state that, it could also state the customer accepts the suitability of the goods after x days.

MrsLB wrote:

I only came on here to see what help or advice maybe available from other people before I go and see a solicitor.

Keep us all updated. I fear you may have a long, hard, expensive battle on your hands.

Equaliser123

bris wrote: »

SOGA deals mostly with consumers so as a business to business transaction it won't really help you. I can see a problen with the fact you have used it happily for a few months, this would be a good indication that you have accepted it. If the company that sold it to you refuse to accept liability, and I can see why they would after a few months, then you would need to go to court to prove they lied about it's capacity to you. This would be expensive with no guarentee you would win.
Do you have anything in writing to say it would do what they said it would? If not it's your word against their's and I can't see you winning on this basis.
It looks like you will have to see a solicitor to settle this.

Couple of points:

1. SOGA is not just consumer protection at all. Parts of it can be contracted out of although this is subject to the reasonableness test set out in the Unfair Contract Terms Act 1977.

2. There is no requirement to prove that the seller "lied" about capacity. All that is needed is to show that the goods do not do what they were required by contract to do.

3. A lot - but not all - will depend upon the terms and conditions applying. If none are present, then the SOGA applies. Even if T's and C's are present, unless the implied terms of SOGA have been disapplied, then SOGA will apply.