Does sale of goods act apply to business to business?

Hi All

We bought an expensive item which turns out is not fit for its purpose i.e.
we were given bad sales advice. The vendor will not refund

Does the sale of goods act apply only to consumers or does it apply for
business to business orders?

Anyone know?

"Gaz" wrote in message
...

" We bought an expensive item which turns out is not fit for its purpose
i.e.
we were given bad sales advice. The vendor will not refund

Does the sale of goods act apply only to consumers or does it apply for
business to business orders?

Consumers only,
which is why the likes of E-buyer, Dabs etc like you to sign up for a
'trade' account even though they offer the same prices, it relieves them
of
any responsibility under SOGA.

That said if you were given bad advise there must be some legal cover ask
in
uk.legal



IANAL, but I thought the SOGA applied in all transactions? It's the DSR that
only applies to consumers. I may be wrong though.

--
Scorpio

" We bought an expensive item which turns out is not fit for its purpose
i.e.
we were given bad sales advice. The vendor will not refund

Does the sale of goods act apply only to consumers or does it apply for
business to business orders?

Consumers only,
which is why the likes of E-buyer, Dabs etc like you to sign up for a
'trade' account even though they offer the same prices, it relieves them of
any responsibility under SOGA.

That said if you were given bad advise there must be some legal cover ask in
uk.legal

"scorpio18" wrote in message
.. .

"Gaz" wrote in message
...

" We bought an expensive item which turns out is not fit for its
purpose
i.e.
we were given bad sales advice. The vendor will not refund

Does the sale of goods act apply only to consumers or does it apply
for
business to business orders?

Consumers only,
which is why the likes of E-buyer, Dabs etc like you to sign up for a
'trade' account even though they offer the same prices, it relieves them
of
any responsibility under SOGA.

That said if you were given bad advise there must be some legal cover
ask
in
uk.legal



IANAL, but I thought the SOGA applied in all transactions? It's the DSR
that
only applies to consumers. I may be wrong though.

--
Scorpio



Yep DSR doesn't, but im not sure about sales of goods act :/

I'll just say it isn't dabs, ebuyer etc its a specialist local vendor

"Andy" wrote in message
...

"scorpio18" wrote in message
.. .

"Gaz" wrote in message
...

" We bought an expensive item which turns out is not fit for its
purpose
i.e.
we were given bad sales advice. The vendor will not refund

Does the sale of goods act apply only to consumers or does it
apply
for
business to business orders?

Consumers only,
which is why the likes of E-buyer, Dabs etc like you to sign up
for a
'trade' account even though they offer the same prices, it
relieves them
of
any responsibility under SOGA.

That said if you were given bad advise there must be some legal
cover
ask
in
uk.legal



IANAL, but I thought the SOGA applied in all transactions? It's the
DSR
that
only applies to consumers. I may be wrong though.

--
Scorpio



Yep DSR doesn't, but im not sure about sales of goods act :/

I'll just say it isn't dabs, ebuyer etc its a specialist local vendor


It does not. If you paid for the bad advice. You might have a case.
But If you ask will this plug into a computer. Then it's up to you to
ask and confirm the advice.

"
Consumers only,
which is why the likes of E-buyer, Dabs etc like you to sign up for a
'trade' account even though they offer the same prices, it relieves them
of
any responsibility under SOGA.

That said if you were given bad advise there must be some legal cover
ask
in
uk.legal



IANAL, but I thought the SOGA applied in all transactions? It's the DSR
that
only applies to consumers. I may be wrong though.

Sorry must think before replying, I was thinking of DSR, all goods carry
warranty under SOGA, for faults etc.. but it is a minefield proving unfit
for purpose, I would suspect that if you can show you were given bad advice
and the goods are not fit for purpose then you would win in small claims
court, the threat of legal action may well be enough to at least achieve a
satisfactory compromise.

"Andy" wrote in message
...
Hi All

We bought an expensive item which turns out is not fit for its purpose
i.e.
we were given bad sales advice. The vendor will not refund

Does the sale of goods act apply only to consumers or does it apply for
business to business orders?

Anyone know?

I'd try in uk.legal. Very helpful and knowledgeable on legal matters.

On Mon, 24 Nov 2003 15:58:46 -0000, "Andy" wrote:


We bought an expensive item which turns out is not fit for its purpose i.e.
we were given bad sales advice. The vendor will not refund

Does the sale of goods act apply only to consumers or does it apply for
business to business orders?

The SOGA is primarily concerned with commercial business so it most
certainly does cover BtoB. Certain aspects of it, such as the recent
warranty changes, apply only to consumer transactions however.

The SOGA also assumes that all BtoB transactions are between informed
parties. When you ask for something there is a presumption you know
what you want in B2B transactions. If the goods fail to meet the
specification or have been misdescribed you can use the SOGA. If you
gave the supplier a specification and said "I want something to do
this" and it didn't you might have case.

However it is up to you to prove you were relying upon the specialist
advice you were given. In B2B transactions it is difficult to play
the naive consumer. You should also be aware that in B2B contracts
the SOGA can be overidden by the suppliers terms and conditions. You
may still have recourse under the Unfair Contracts laws but it does
become more difficult.

--
Peter Parry.
http://www.wpp.ltd.uk/

"Andy" wrote in message
...
Hi All

We bought an expensive item which turns out is not fit for its purpose
i.e.
we were given bad sales advice. The vendor will not refund

Does the sale of goods act apply only to consumers or does it apply for
business to business orders?

Anyone know?




Yes SOGA is applicable although not DSR. You'd need to post more details
about
the mis-advice and in what way it is not fit.
--
David Atherton, dabs.com plc

In article , David Atherton
writes

"Andy" wrote in message
...
Hi All

We bought an expensive item which turns out is not fit for its purpose
i.e.
we were given bad sales advice. The vendor will not refund

Does the sale of goods act apply only to consumers or does it apply for
business to business orders?

Anyone know?

Yes SOGA is applicable although not DSR. You'd need to post more details
about
the mis-advice and in what way it is not fit.

Basically, wrong advice is either "taking money under false pretences",
or if it's done knowingly, it's fraud.

It's just easier to have a SOGA act that states clearly what is
expected. When you look at SOGA, it's really just saying "it's illegal
to be dishonest", so there's no reason for it not to apply to ALL
transactions.

Cheers,
Wol
--
Anthony W. Youngman - wol at thewolery dot demon dot co dot uk
Witches are curious by definition and inquisitive by nature. She moved in. "Let
me through. I'm a nosey person.", she said, employing both elbows.
Maskerade : (c) 1995 Terry Pratchett