Sale of Goods Act - Can I claim compensation/damages?

bod1467

SOGA still applies for B2B contracts. The difference is that the contract T&Cs can exclude or vary aspects of SOGA as agreed.

For consumers the T&Cs cannot do so. (Well, they can but such terms would be unenforceable).

bod1467

sleepless_nights wrote: »

Yes, you are mistaken. I am a consumer.

Sorry but YOU are mistaken ... you'll have bought this equipment through your business (most likely) and so it was a B2B contract. (I assume you offset the VAT element of the purchase against your VAT liability in your accounts?)

Bantex_2

Was a service contract offered with equipment?

aggypanthus

Why dont you get the answer re comp from the solicitor.??

Just wondered.. if you had legal cover with home ins, would it cover this instead of paying legal bill..

Does any business ins have a legal cover option?

unholyangel

sleepless_nights wrote: »

I/we are not arguing the rights or wrongs. I /we are stating that we are RIGHT and we are also stating the law - the sale of goods act. The supplier has now sought legal advice and at a first glance we are nearing an agreed replacement for the failed machine. My question still remains; Can I claim any compensation for loss of earnings or can I recover my legal fees against them? If they have chosen to ignore our demands for 5 weeks and now all of a sudden have taken us VERY seriously that is not my fault.

That question isnt something anyone here can answer.

In b2b contracts, liability can be excluded. But surely your solicitor has already went over this and answered this for you? It should have been the first thing they had done.

George_Michael

sleepless_nights wrote: »

Yes, you are mistaken. I am a consumer. I run a very small scale business and do not have any relationships with the supplier. This IS my 'business recovery strategy'

You cannot be classed as a consumer in this instance as the item in question was clearly purchased with the intention of using it in your business.

sleepless_nights wrote: »

I'm self employed... Seven weeks ago, the main piece of machinery I use for running my business suffered catastrophic failure

There is a very specific definition of what a consumer is in relation to UK legislation.

“consumer” has the meaning assigned to that expression in the definition in this section of “consumer contract”;
“consumer contract” means [F1subject to subsections (1A) and (1B) below] a contract F2. . . in which —

(a)one party to the contract deals, and the other party to the contract (“the consumer”) does not deal or hold himself out as dealing, in the course of a business, and
(b)in the case of a contract such as is mentioned in section 15(2)(a) of this Act, the goods are of a type ordinarily supplied for private use or consumption;