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Exempt from Sale of Goods Sections..

  • 19-03-2012 03:47PM
    #1
    KeepCalm
    Registered Users, Registered Users 2 Posts: 6 ✭


    Hi all,

    I'm just wondering.. If a business buys the same product on a regular basis from another business and now claims that the most recent supply is not the same product. But the seller claims it is the same. Is the seller exempt from Sections 12-15 in the Sale of Goods Act? Because the contract was fair and reasonable?


Comments

  • #2
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,624 ✭✭✭NoQuarter


    I'm open to correction on this but I was under the impression that a business cannot be considered a "consumer" for the purposes of the Act and therefore the Act doesnt apply to businesses?

    See section 3 of the 1890 Act:
    3.—(1) In the Act of 1893 and this Act, a party to a contract is said to deal as consumer in relation to another party if—

    (a) he neither makes the contract in the course of a business nor holds himself out as doing so, and

    (b) the other party does make the contract in the course of a business, and

    (c) the goods or services supplied under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption.

    (2) On—

    (a) a sale by competitive tender, or

    (b) a sale by auction—

    (i) of goods of a type, or

    (ii) by or on behalf of a person of a class

    defined by the Minister by order,

    the buyer is not in any circumstances to be regarded as dealing as consumer.

    (3) Subject to this, it is for those claiming that a party does not deal as consumer to show that he does not.



  • #3
    KeepCalm
    Registered Users, Registered Users 2 Posts: 6 ✭KeepCalm


    NoQuarter wrote: »
    I'm open to correction on this but I was under the impression that a business cannot be considered a "consumer" for the purposes of the Act and therefore the Act doesnt apply to businesses?

    I didn't know that.. So the seller is exempt from the whole act then


  • #4
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,624 ✭✭✭NoQuarter


    If the buyer is a business then as far as I know the act doesnt apply to them.

    Unless there is a provision elsewhere that I am not aware of. Im sure someone will confirm shortly.


  • #5
    KeepCalm
    Registered Users, Registered Users 2 Posts: 6 ✭KeepCalm


    NoQuarter wrote: »
    If the buyer is a business then as far as I know the act doesnt apply to them.

    Unless there is a provision elsewhere that I am not aware of. Im sure someone will confirm shortly.

    Thanks a mil


  • #6
    Jev/N
    Registered Users, Registered Users 2 Posts: 3,456 ✭✭✭Jev/N


    NoQuarter wrote: »
    If the buyer is a business then as far as I know the act doesnt apply to them.

    That's not totally correct.

    Some of the principal Act, the Sale of Goods Act 1893, also covers B2B contracts. Some of the terms implied by the Act into consumer contracts may be excluded in business contracts, some must be excluded only where it is fair and reasonable to do so and some not at all

    S 13, 1893 - sale by description
    S 15, 1893 - sale by sample

    If a term in a B2B contract exempts these provisions, the term will be unenforceable unless it can be shown that it is fair and reasonable (1893, s 55(4))


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  • #7
    KeepCalm
    Registered Users, Registered Users 2 Posts: 6 ✭KeepCalm


    Jev/N wrote: »
    That's not totally correct.

    Some of the principal Act, the Sale of Goods Act 1893, also covers B2B contracts. Some of the terms implied by the Act into consumer contracts may be excluded in business contracts, some must be excluded only where it is fair and reasonable to do so and some not at all

    S 13, 1893 - sale by description
    S 15, 1893 - sale by sample

    If a term in a B2B contract exempts these provisions, the term will be unenforceable unless it can be shown that it is fair and reasonable (1893, s 55(4))

    So say if the business (the one buying the goods) want to sue, they can't because the contract is exempt from sections 13 and 15? And can it really not be exempt from 12 and 14?


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