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Purchasing an item which is faulty, business to business

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Comments

  • adronocus
    adronocus Posts: 26 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    DoaM that’s great, thank you for that. I will get onto that ASAP.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The Sale of Goods Act 1979 applies to B2B contracts.

    Among other things, it requires the trader to have good title to the goods they are selling. It also requires goods to be satisfactory quality and fit for purpose.

    The SOGA doesn't state that the seller must have good title to the goods.
    What it does state is that they must have the right to sell those goods either when the contract is made or at a later time when the property passes to the buyer.
    12

    Implied terms about title, etc.
    (1) In a contract of sale, other than one to which subsection (3) below applies, there is an implied term on the part of the seller that in the case of a sale he has a right to sell the goods, and in the case of an agreement to sell he will have such a right at the time when the property is to pass.
    If this wasn't the case, anyone selling goods which were being supplied by a third party (drop shipping) would be breaking the law.
    Provided that the seller paid the supplier or had a payment agreement in place before the goods were delivered to the OP then what they are doing is perfectly acceptable under the SOGA.
  • Deastons
    Deastons Posts: 464 Forumite
    dj1471 wrote: »
    In B2B you have no rights and there are no unfair terms.

    Is this why companies like Howdens only sell to the trade?
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