faulty product

beti1984

hi Everybdy,


i am looking for an advise how to deal with Mr x as I dont feel like he is playing fair. i have never had to fight for so much money and i am bit worried that i might lose the battle. please any advise will be much appreciated.

REgards,

nearlyrich

I am pretty sure it is not a consumer issue as you bought it as a business.

beti1984

thank you for getting back to me. do you know a little bit more about it? are our right different in that case?

bris

beti1984 wrote: »

thank you for getting back to me. do you know a little bit more about it? are our right different in that case?

Yes, you have no consumer rights.


You do how ever have contract law, as the goods did not conform to contract then you shouldn't have to pay for the repair.


You can use the small claims court to reclaim the repair cost. I would argue my case and if that doesn't work pay under protest, this allows you to take the case to the small claims court.

shaun_from_Africa

A court case may be difficult to win though.
The OP bought the goods and collected them on the day of purchase and only inspected them 2 weeks later.
The seller could argue that the unit was fine when it left them and was damaged in the 2 weeks that the OP had possession of it.

beti1984

hi there,

is there a chance i might lose my money in this case? for now i have no unit and i have no money.

the item have never been used by us and on one of the first conversations on the phone with the supplier he agreed that he will post a replacement once the machine have been inspected (check if it really was not used) but that was only a phone conversation.

regards,

esuhl

There's some advice from the Citizens' Advice website that would probably be worth a read. There's a pull-down menu at the top to select which country you're in (the link defaults to England):

http://www.adviceguide.org.uk/england/consumer_e/consumer_problems_with_business_to_business_services_e/consumer_protection_for_businesses.htm

bod1467

As said previously, this was a B2B purchase. I'm not sure CAB are setup to deal with such situations.

The Sale of Goods Act still applies to OP's purchase. The difference (as this was B2B) being that the sale/purchase contract can legally exclude certain elements of SoGA. It may be worth reading the T&Cs and checking them against the legislation.

There used to be a good Trading Standards guide to an explanation of SOGA (http://sogahub.tradingstandards.gov.uk/), but that link now redirects to http://www.businesscompanion.info/