Sale of Goods Act for exported goods

Equaliser123

Hintza wrote: »

Are you sure?

Positive. Seller would be responsible for damages which are in the reasonable contemplation at the time of contract. As seller knew that the buyer was in Spain (and charged for carriage to Spain) it ought to be responsible for shipping fees to get the defective item back.

paddyrg

The Act itself does specifically mention international sales, but I am unclear whether schedule 1.13 can mean that SoGA does not necessarily apply in full as with a domestic sale - are there any proper, real lawyers here who could advise/take a view?

Equaliser123

paddyrg wrote: »

The Act itself does specifically mention international sales, but I am unclear whether schedule 1.13 can mean that SoGA does not necessarily apply in full as with a domestic sale - are there any proper, real lawyers here who could advise/take a view?

16 years as a solicitor?

If the contract was concluded under English law then SOGA will apply.

ValHaller

rustyboy21 wrote: »

Is correct. Within my field of retail, any electric fire shipped out of the UK invalidates it's warranty with the retailer, same with Gas fires.

The bit about the supply system being different is Spain is wrong - Shaun from Africa has explained that. Our supply voltage was changed from 240V to 230V as part of harmonisation and some other countries changed from 220V to 230V. So no argument of incompatible supply to justify invalidation of warranty.

The only issue of dispute is over who would be responsible for shipping costs. Otherwise SOGA would apply as would any warranty from the retailer unless the retailer explicitly limited the applicable territories - but SOGA would still apply.

System

SOGA does not fully apply as this is classed as an international sale under theUniform Laws on International Sales Act 1967 .

If you look at schedule 2 of SOGA 1979 then the fact that is classed as an international sale removes the vast majority of SOGA and leaves only Sect 12-15 if I am reading correctly.

Equaliser123

!!!!!! wrote: »

SOGA does not fully apply as this is classed as an international sale under theUniform Laws on International Sales Act 1967 .

If you look at schedule 2 of SOGA 1979 then the fact that is classed as an international sale removes the vast majority of SOGA and leaves only Sect 12-15 if I am reading correctly.

Sections 12 -15 are the implied terms that are the key to this issue (section 14(2) in particular).

System

Equaliser123 wrote: »

Sections 12 -15 are the implied terms that are the key to this issue (section 14(2) in particular).

Which is very subjective. Who is to decide? Normally, unless you can persuade the seller, it will need to be decided in court. From Spain the costs of following this route would probably oputweigh the result

Equaliser123

!!!!!! wrote: »

Which is very subjective. Who is to decide? Normally, unless you can persuade the seller, it will need to be decided in court. From Spain the costs of following this route would probably oputweigh the result

How do you mean? ss12-15 are the implied terms.

Do you mean in respect of liability?

System

No, satisfactory quality etc

antrobus

There is a European Directive on the Sale of consumer goods and associated guarantees - Directive 1999/44/EC . It applies to "anything bought by any private consumer in a shop or from another professional seller in an EU Member State" and provides that goods supplied must be in "conformity with the contract of sale" i.e. as described, fit for purpose, etc.

http://www.eccnl.eu/page/en/themes/kopen-in-de-eu

We have a Single European Market. If it's a B2C contract and both seller and consumer are in the EU, I don't think it matters if they are in different EU states.