Rights - Buying Brand New vehicle. Help!!

Blacksheep1979

As far as I remember I think it is basically goods should be as described and there is no implied terms on quality etc.

SuperNashwan

Pennylane wrote: »

We are still consumers, so we must have rights too, but where do we find out because I am drawing a blank.

You are not still consumers, when you buy an item in the course of a business you do not get the level of protection legislation like the Sale of Goods Act provides for consumers. Specifically you do not get an automatic term implied into the contract guaranteeing quality, so your rights against the seller depends entirely on what your contract with them says. Also you are not protected from the full weight of any exclusion clauses you have agreed to, regardless of if they're fair; it's a strong likelihood the terms of the sale will have tried to exclude as far as possible all liability for consequential losses.
If this is seriously threatening your business, stop posting on the internet and seek professional advice, no one here can tell you what your situation is without seeing the contract you've agreed to.

stugib

Pennylane wrote: »

Can't have WHAT both way? Don't get what you mean.

The benefits of buying as a business and the protection of buying as a consumer when it goes wrong.

Pennylane wrote: »

As for the B2B part of our problem - that's great then - we'll tell that to all the B & B owners, restaurants, cafes, pubs, shops etc who need his services!

Sorry if this sounds harsh, but I doubt they'll care, it's not their problem, they'll just employ someone else.

smcaul

As horrid as it is, if you buy as a business then you have only the contract you signed to fall back on - and any warranty that came with the item/vehicle.

Another point to note is that Fiat are not a commercial vehicle dealer really, they sell vans but do so normally from a normal car type franchise, this means they have no idea of how to treat business/commercial customers. I have had this problem before with Vauxhall vans, yet of you have a Ford (Iveco) then they understand about commercial pressure as do Mercedes.

When you get your next van you really want something written into the contract about them collecting any faulty vehicles and supplying suitable alternative within xx hours etc.

Pennylane

stugib wrote: »

The benefits of buying as a business and the protection of buying as a consumer when it goes wrong.


Sorry if this sounds harsh, but I doubt they'll care, it's not their problem, they'll just employ someone else.[/quote

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Stugib - What I mean is: B & Bs, restaurants, pubs, cafes etc are ALL businesses so that will be a B2B contract just like ours with the motor dealer.

So when their freezer or cooker packs up (which we supplied) we just say "oh sorry that's a Business to Business contract & you're not classed as a consumer." Yeah, right, they'll love that!

It IS their problem, if what you are saying is right. Because if they don't use my hubby and use another person, they will still be a business so the same applies.

Perhaps you can explain the difference to me?

smcaul

Technically you are correct Pennylane, if they pay with a company cheque or a company debit/credit card then it is a business transaction. I suppose the same could be said if you could prove the item was being used for commercial purposes even if it was paid for with a personal cheque etc. I have no idea what the exact definition would be, all I know is that I also fall foul of it quite often and it is a right pain!!!

Pennylane

Smcaul - thank you for your polite reply. Sorry to hear you have fallen foul of this too. Can you suggest anywhere I can read up more about this please?

Another thought which has just occurred to me is what about the customers we have where the machine at home breaks down and then they say "make the bill out to our (say) bakery business." That then becomes a B2B contract surely? Then there are all the people with second homes who rent them out for holiday use at anywhere between £600 and £1000+ a week. Same applies there!

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I am disappointed that some people on here seem to feel that self-employed people somehow have great benefits when buying as a business. :huh:

Blacksheep1979

house rental is a bit different as there would at least be part use as a consumer - the other example is a pure fiddle and tbh depends if you want to lose a customer over things like that.

smcaul

Sorry to say Pennylane I do not know where else to look, maybe google? It seems to be a very grey area though - no doubt keeps a few lawyers in foreign holidays every year!!

Best of luck with the van, there are times when contract hire seems a far better options aren't there!! (at least they would supply you with a van if on CH)

Pennylane

SMCaul - Yes, that's something to consider I guess. Maybe we need to change our "old" ways. We like to own our own stuff, save for stuff and pay for it in full. If we can't afford something we make do until we can.

Thanks SO much for your replies.