Faulty blocks from builders merchants

harry_f99

I have checked and as I could be regarded as a B2B transaction I would be covered by ‘The Sale of Goods Act 1979’. It implies four terms into any contract for sale regardless of whether such sales are B2B or business to consumer (B2C). These are as follows:

• the transferor has good title and has the right to transfer the item sold;

• the goods correspond with the description given;

• the goods will be of a satisfactory quality and fit for their purpose; and

• if a sample is provided, the goods will correspond with this sample.

shaun_from_Africa

harry_f99 said:

I have checked and as I could be regarded as a B2B transaction I would be covered by ‘The Sale of Goods Act 1979’. It implies four terms into any contract for sale regardless of whether such sales are B2B or business to consumer (B2C).

Under the Consumer rights act, a consumer has the legal right to pursue a seller for any losses incurred because of the breach and this right cannot be signed away by the consumer but when considering a B2B sale and the SOGA, it's quite legal for the terms of sale to state something that limits the responsibilities of the seller in the event of a breach.
If this is the case, you should be refunded the cost for the bricks but the seller wouldn't have any further liability.

bris

harry_f99 said:

I have checked and as I could be regarded as a B2B transaction I would be covered by ‘The Sale of Goods Act 1979’. It implies four terms into any contract for sale regardless of whether such sales are B2B or business to consumer (B2C). These are as follows:

• the transferor has good title and has the right to transfer the item sold;

• the goods correspond with the description given;

• the goods will be of a satisfactory quality and fit for their purpose; and

• if a sample is provided, the goods will correspond with this sample.

Thats correct but it doesn't help you. You used your trade account so it was a B2B purchase, where you used the blocks makes no difference to that.

What you pointed out isn't up for debate, you have a case against the seller to replace the blocks, the seller claims from their supplier. Where you lose out is in the wording of your contract with your supplier. What you really need to push for is consequential loss which is where you will really struggle.

Thing to remember is it's your builders merchant who your contract is with, its who you need to take consequential losses up with not the manufacture. Read your contract, you will find that really difficult as where consumers can challenge terms in contract businesses can't.

You should try and hope the manufacturer will help with your problem and see what solution they are willing to provide before getting into it with your merchants.