Quick bit of legal advice?

AVH

Hi,

We have a piece of equipment under manufacturer's warranty. They have stated that we must use their consumables or the warranty will be invalidated.

The consumables are twice the price that we could be paying, and as a new business, we need to save all the money we can.

Does anyone know whether it's legal to enforce this or not?

Thanks,
Emma

Murdina

I would have thought they could put what terms and conditions they wanted into the warranty.
However, the question then is whether, if you used other consumables and the equipment went wrong, you could claim under the sale of goods acts which cover things likely whether the goods were fit for their purpose etc. I am not sure that you could, simply because you say you are a business and I understand that the sale of goods acts only apply when people buy things as a consumer and not as a business. Others may correct me though.

Tozer

Yes, if you are dealing as a business, then they are free to contract on whatever terms they like. Sale of Goods Act only applies against the retailer of the item - not the manufacturer. Also, it is possible when dealing business-to-business to set aside the "satisfactory quality" and "fitness for purpose" requirements of the Sale of Goods Act.

AVH

Thanks for your replies.

Looks like we're stuck until our warranty runs out - I know the consumables we are wanting to use exceed the specification on the manufacturer's but I guess in the event of something going wrong, it'll cost more in sorting out the hassle than the extra we'll be paying for using originals (if that makes any sense!).

Emma

Tozer

Guess it is a case of weighing up the pros and cons. As the warranty 'wears out' you can perhaps use the other consumables.

Would they be able to prove it do you think?