Sale of goods contracts in Chelmsford and throughout the rest of the UK are important issues for many different business. With this in mind, there is a need to note that goods may be supplied either under a contract of sale or under any analogous transaction (for a description of different types of sale and supply contract. In all such cases there are implied terms as to description, quality and fitness for particular purpose. These implied terms arise as part of the contract of sale or supply. This means that the obligations created by these implied terms are obligations that are owed by the party who actually contracts to sell or supply the goods to the consumer. This is usually the retailer and not the manufacturer (producer). The latter does not usually sell or supply the goods to the consumer directly. This is because the manufacturer is not a party to the contract of sale between the retailer and the consumer and so (due to the rules on privity of contract – i.e. that a contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to it) they are not considered to be liable under this contract. Usually the manufacturer will only be liable under the terms of an express guarantee that they have given.
In the event that there is a breach of any of the implied terms the consumer is entitled to claim damages. The consumer is also entitled to other remedies depending on the circumstances. The law in this area was reformed in the form of the Sale and Supply of Goods to Consumers Regulations 2002 that served to amend the Sale of Goods Act 1979 and related legislation dealing with other types of supply contract. The main effect of these amendments are (a) to make public statements made by producers relevant to the quality obligation owed by the seller of the goods; and (b) to provide new consumer remedies of repair, replacement, price reduction and rescission (note that the pre-existing remedies of rejection of the goods and termination of the contract and damages still apply along with new remedies.
Contact Andrew Douglas Wills and Legal Services today via www.andrewdouglaswills.co.uk to see how we could help you with implied terms as to description, quality and fitness for purpose in sale of goods contracts in Chelmsford and throughout Essex.
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