Business purchase - SOGA?

Fosterdog

Has it been used with the correct thickness/weight of laminating pouch? What about what has been laminated, does it exceed the recommended thickness/weight?

jackieblack

Fosterdog wrote: »

Has it been used with the correct thickness/weight of laminating pouch?

Yes

Fosterdog wrote: »

What about what has been laminated, does it exceed the recommended thickness/weight?

No

We have several laminators and always use the same (brand name) pouches. The sales 'blurb' says that it recognizes pouch thickness and adjusts settings accordingly
The maximum thickness of laminated items is well within what the manufacturers claim the machine can cope with.

bris

frugal_mike wrote: »

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

Hermione_Granger wrote: »

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.



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.

SOGA is just contract law, where does it say I don't recognise that? Consumers have statutory rights within SOGA that apply to them, businesses do not get this protection again what part of my post says different.


Business rely purely on the terms of the contract, if the product does not match it's description then the OP can sue for non performance of the contract. They can not however reject the item the same way a consumer can if the contract states they will offer a remedy, in this case by going to the manufacturer. The terms of the contract are key in B2B sales, consumers have unfair terms that can negate that.

Hermione_Granger

bris wrote: »

SOGA is just contract law, where does it say I don't recognise that? Consumers have statutory rights within SOGA that apply to them, businesses do not get this protection again what part of my post says different.

Businesses do have statutory rights under the SOGA. It's just that they don't have all of the rights afforded to consumers.

unholyangel

bris wrote: »

SOGA is just contract law, where does it say I don't recognise that? Consumers have statutory rights within SOGA that apply to them, businesses do not get this protection again what part of my post says different.


Business rely purely on the terms of the contract, if the product does not match it's description then the OP can sue for non performance of the contract. They can not however reject the item the same way a consumer can if the contract states they will offer a remedy, in this case by going to the manufacturer. The terms of the contract are key in B2B sales, consumers have unfair terms that can negate that.

I think I get what point you're trying to make - that certain rights can be negotiated away as a business.

But its not that businesses don't have any protection. Its that businesses have basic protection where consumers have the enhanced version.

Unfair contract terms act still applies to b2b sales. Its only unfair terms in consumer contract regulations that dont apply.

That being said, courts are loathe to get involved where both companies are of equal bargaining power and its under good commercial practice.

paddyrg

Are the suppliers saying that it failing is expected? That they won't replace it? I'd be digging my feet in no matter what. I've used laminators from £10 to £600 and there are generally expected improvements at each price point.

Have a look at machines like this http://www.ebay.co.uk/itm/Professional-A2-A3-A4-Laminator-Laminating-Machine-Heavy-Duty-for-Schools-PE-452-/251710330220?pt=LH_DefaultDomain_3&hash=item3a9b1ad56c - not a looker but A2 and pretty rugged

frugal_mike

bris wrote: »

SOGA is just contract law, where does it say I don't recognise that? Consumers have statutory rights within SOGA that apply to them, businesses do not get this protection again what part of my post says different.


Business rely purely on the terms of the contract, if the product does not match it's description then the OP can sue for non performance of the contract. They can not however reject the item the same way a consumer can if the contract states they will offer a remedy, in this case by going to the manufacturer. The terms of the contract are key in B2B sales, consumers have unfair terms that can negate that.

Businesses absolutely do have statutory protection. It is much less than consumer protection, but its still there. A business contract can exclude some liabilities under the Sale of Goods Act, but only if the terms are reasonable. If one business has much less bargaining power than the other then the terms may well be unfair, so applies particularly to small businesses buying from big businesses.