Jack buys a veg juicer on 7th November on behalf of his company(business purchaser). He tries to use it later that day but it doesn't work. A clause excluding any defects in sold products is given in the terms and conditions, attached to the invoice which is given on the 20th November.
Jack has come to me on the 21st for advice on what to do...
Now I have talked about methods of incorporation and that the clause isnt incorporated into the contract so the parties didn't agree to be legally bound by the terms. Also that the term doesn't satisfy the reasonableness test given is s.11 Unfair Contract Terms Act 1977 using Schedule 2. So the shop is liable for the breach of satisfactory quality.
However I am unsure on Acceptance. Has a reasonable time to inspect the goods passed? 13 days? I'm unsure as he was aware of the fault on the 7th, but made no effort to make the seller aware or try and get a refund/repair.
Any help please?
Sale of Goods/consumer protection Problem Question watch
- Thread Starter
- 28-12-2014 23:00
- 29-12-2014 01:06
Doubt it very much but I don't think you can do better than mention s 35 SOGA 1979, then say that what is a reasonable time is a question of fact (thats s 59). You could look at Clegg v Anderson and Jones v Gallagher but those are both questions of fact and you won't be able to do much more than draw vague analogies.
Remember that the buyer doesn't lose his right to damages just because he has accepted, all he loses by that is his right to reject. If the juicer doesn't work at all there might not be much difference between damages and getting his money back and rejecting the juicer anyway.
- Thread Starter
- 30-12-2014 19:13
yeah i get that, just struggling to apply clegg v anderson etc to this case as it doesn't help my actually identify whether a reasonable period to reject has passed, as i need to know if it has or not to advise on which remedies are available.
Any other help?