Business purchase - SOGA?

jackieblack

Am I right in thinking that the SOGA does not apply to business purchases?


(I can't actually find anything that says this)


thanks

wealdroam

jackieblack wrote: »

Am I right in thinking that the SOGA does not apply to business purchases?


(I can't actually find anything that says this)


thanks

You are wrong to think that.

It is Part 5A of SoGA - Additional Rights of Buyer in Consumer Cases which only applies to consumer purchases. The rest of SoGA applies to business purchases.

jackieblack

So, if a business purchases an electrical item (approx. £200) on the recommendation of a seller which fails within a month of purchase, we can reject it as being not of satisfactory quality/not fit for purpose?


We are being told we have to contact the manufacturer to claim under the warranty.

wealdroam

jackieblack wrote: »

So, if a business purchases an electrical item (approx. £200) on the recommendation of a seller which fails within a month of purchase, we can reject it as being not of satisfactory quality/not fit for purpose?


We are being told we have to contact the manufacturer to claim under the warranty.

Section 35 of SoGA covers acceptance.

You will see that you have a reasonable time to examine the goods.
I would suggest that acceptance has probably taken place, and therefore you have no right to reject the goods for a refund.

You need to study your purchase contract to understand whether the seller has any responsibility.

Does the manufacturer's warranty cover business purchases?
Many don't.

Fosterdog

What is the electrical item?
Where has it been used and what has it been used for?
Did the retailer know how/where it would be used when it was recommended?

It would be reasonable to expect a £200 printer used in an office with 100 pages a week printed to last a lot longer and to be of a quality to cope with much more.

It wouldn't be reasonable to expect a budget £200 washing machine to work well being used 10+ times a day in a hotel laundry room, it would be designed as a home use item to be used once a day or twice every other day and not designed for the workload it's being made to do.

It also depends on whether it was purchased with any business conditions added to the sale or on a business account

bris

A business purchase is contract law, you need to look at the terms of business to determine your rights. Consumers have statutory rights, B2B has terms that form the contract.


You should also know that commercial use voids most warranties, check first.

frugal_mike

bris wrote: »

Consumers have statutory rights, B2B has terms that form the contract.

The Sale of Goods Act applies to all contracts. Only the parts that say they apply just to consumers are excluded.

jackieblack

It's a laminator, described as suitable for 'heavy office use' and used only maybe a dozen times. We bought it from one of our regular Office Supplies suppliers. We asked them to recommend a suitable machine, this is what they suggested.

wealdroam

Is post#3 really saying "despite what the salesman said, we do not believe the thing is performing as well as we thought it would"?

Hermione_Granger

bris wrote: »

A business purchase is contract law, you need to look at the terms of business to determine your rights. Consumers have statutory rights, B2B has terms that form the contract.

For someone who posts on these forums on a regular basis, you appear to have an extremely poor knowledge of what legislation applies to contracts of sale in the UK.

Sale of Goods Act 1979

Contracts to which Act applies.

(1)This Act applies to contracts of sale of goods made on or after (but not to those made before) 1 January 1894.

There is no overall exemption for the SOGA regarding B2B sales.
There are some bits that only apply to B2C sales, but in general, the act applies to all contracts of sale.

jackieblack

wealdroam wrote: »

Is post#3 really saying "despite what the salesman said, we do not believe the thing is performing as well as we thought it would"?

We said we needed a laminator that could cope with heavy usage. They recommended this make/model and told us this would be fine for what we needed. But it's already failed, despite not particularly heavy use.