Faulty Equipment!!

PhillDF

Hi, can anyone with knowledge of this issue pleeeease help me as I’m literally pulling my hair out! ...

Basically, a little over a year ago I purchased brand new, a Thermopure Delivery system (used for window cleaning) from a company based in Swindon, the system cost me around £12,624 which I paid in full before the unit was fitted into my van.

Since purchasing said system it has NEVER worked correctly, basically it has never produced or heated the water onboard my van as it should do when I turn it on?

I have sent and received many, many emails & messages as well as made phone calls to the company, Ionic systems Ltd, they have even attempted to repair the system on 3 separate occasions failing on all accounts.

Enough was / is enough and several weeks ago I asked for the system to be removed and for a full refund which they said they wouldn’t do subject to their T&C’s.

I am due to go back to Ionics on Friday for them to attempt another repair on the system but I don’t hold out much optimism due to previous experience.

I am a sole trader (window cleaner) but they know me by my previous company, the company no longer exists as I am a one man operation hence why I went sole trader status.

Ionics told me this is issue is subject to business law.

I am at the end of my tether with this company and cannot afford solicitors fees which will be expensive.

Can any one please offer me some light at the end of this long tunnel, thankyou in advance.

Phill

[Deleted User]

It is subject to business law you have zero consumer rights because you are not a individual consumer but it was a business to business transaction which is bound by your contract with them and their terms and conditions.

LadyDee

I think you could use the Small Claims Court as a sole trader, but there is a limit to the amount you can claim. You don't need a solicitor.
https://www.gov.uk/make-money-claim

LadyDee

Deleted - Sorry, duplicated post somehow.

unholyangel

Did you buy the item as the limited company or as the sole trader?

If you purchased as the limited company and the limited company is dissolved then you may be out of luck completely - as the party who entered the contract no longer exists.

Unless the contract allows you to assign those rights to a third party - but that would be unusual, especially in b2b.

mattyprice4004

It's important to clarify one thing - they're holding you to business terms because you are a business.
I'm also a sole trader - the clue is in the name. Trader

I agree that it's very poor form on their part - but you need to be clear that you're exempt from many aspects of the Sales of Goods Act and the CRA because you are a business.

Manxman_in_exile

Re the issue of B2B contracts (which does occasionally crop up on this board) is their a source of information for small traders as to what rights they actually have contractually?


I know that they are taken to have agreed to supplier's T&Cs and don't have any protection as consumers, but presumably there must be some basic contractual rights that suppliers can't avoid via T&Cs?


If the OP's supplier has had three attempts to fix the bit of kit in question, there must come a point where the OP has a case?


Sorry if this is an incredibly stupid question, but the answer may help the OP.

DoaM

Most of SOGA 1979 still applies for B2B contracts ... unless the contractual T&Cs specify otherwise. (Businesses can contract out elements of legislative protection - consumers can't).

Manxman_in_exile

And does Unfair Contract Terms legislation apply, or are all B2B contracts "fair"?


(Thinking about the OP who's probably been scared of by the replies and looking at writing off 12k)

davidmcn

Manxman_in_exile wrote: »

(Thinking about the OP who's probably been scared of by the replies and looking at writing off 12k)

In this case, unholyangel's interpretation seems correct, and the OP as an individual probably has no legal rights against the seller or manufacturer. If the manufacturer is trying to fix it as a matter of goodwill then might be best to persevere with their efforts.

shaun_from_Africa

How did you pay for the system? as it's possible that you might have S75 rights to help you if you made the purchase when you were a sole trader and some or all of the purchase was made by way of credit.

https://www.moneysavingexpert.com/shopping/section75-protect-your-purchases/