School Hardware Rights

StarshipUK

I have a school which have three interactive boards that have the same fault and are out of warranty.


The manufacturer has told me this is a known issue and common fault, and it also not one that would be caused by user damage or wear and tear.


As it is a school would they be covered under the Sale of Goods Act (as not being satisfactory quality and fit for purpose), or any other Act that would cover the repair of them?

marcarm

No, B2B so not covered under SOGA or CCR.

Not sure what your next move is, someone will be along to advise I'm sure.

shaun_from_Africa

marcarm wrote: »

No, B2B so not covered under SOGA or CCR.

That's not correct.

The SOGA specifically covers B2B contracts. It used to cover consumer contracts as well but since the Consumer rights act was embodied, the SOGA is business to business only.

The SOGA states that goods sold must be of satisfactory quality and durable but it doesn't provide for any resolution if this isn't the case.
What you would be entitled to depends entirely on the terms and conditions of your agreement with your supplier state.

marliepanda

StarshipUK wrote: »

I have a school which have three interactive boards that have the same fault and are out of warranty.


The manufacturer has told me this is a known issue and common fault, and it also not one that would be caused by user damage or wear and tear.


As it is a school would they be covered under the Sale of Goods Act (as not being satisfactory quality and fit for purpose), or any other Act that would cover the repair of them?

When the manufacturer was telling you how this is a known and common fault, what did they offer to do?

DCodd

shaun_from_Africa wrote: »

That's not correct.

The SOGA specifically covers B2B contracts. It used to cover consumer contracts as well but since the Consumer rights act was embodied, the SOGA is business to business only.

The SOGA states that goods sold must be of satisfactory quality and durable but it doesn't provide for any resolution if this isn't the case.
What you would be entitled to depends entirely on the terms and conditions of your agreement with your supplier state.

Does it not say that the supply of goods that are not of satisfactory quality and durability is a breach of contract or if only minor defects then it's a breach of warranty?

shaun_from_Africa

DCodd wrote: »

Does it not say that the supply of goods that are not of satisfactory quality and durability is a breach of contract?

Yes.
However, unlike the CRA which states what a consumer's rights are in the event of a breach of contract, the SOGA doesn't provide for any resolution.
This is why it comes down to contract wording and agreements between the two businesses concerned.

Even if the OP is able to show a breach of contract, that contract might state something such as the seller is only liable for repairing or replacing faulty goods for 7 days after purchase and if that contract was agreed by both seller and buyer, it is legal.

DCodd

shaun_from_Africa wrote: »

Yes.
and if that contract was agreed by both seller and buyer, it is legal.

I see... and the agreement to buy is, I assume also the agreement to the terms?

KeithP

DCodd wrote: »

I see... and the agreement to buy is, I assume also the agreement to the terms?

Yes of course... an agreement to buy under the terms agreed between the buyer and seller at the time of the sale.

unholyangel

DCodd wrote: »

Does it not say that the supply of goods that are not of satisfactory quality and durability is a breach of contract or if only minor defects then it's a breach of warranty?

I believe you may be referencing this section:

15A Modification of remedies for breach of condition in non-consumer cases.
(1)Where in the case of a contract of sale!!!8212;
(a)the buyer would, apart from this subsection, have the right to reject goods by reason of a breach on the part of the seller of a term implied by section 13, 14 or 15 above, but
(b)the breach is so slight that it would be unreasonable for him to reject them,F2... the breach is not to be treated as a breach of condition but may be treated as a breach of warranty.
(2)This section applies unless a contrary intention appears in, or is to be implied from, the contract.

We tend to express layman views here so very few posters will be aware of terms acting as conditions, warranties or innominate terms - never mind how that impacts on what remedy is available.