What rights do retailers have under the Sale of Goods act?
Discussion
A legal question, albeit not a motoring related one...
If I have a problem with something I've bought, then under the Sale of Goods act, it is the retailer rather than the manufacturer who is responsible for putting the problem right.
If I have a very valued, friendly (but small independent) retailer who is being faced with a large manufacturer who is basically saying "tough s
t, we're not interested", is there anything within the Sale of Goods act or elsewhere which gives the retailer assistance in ensuring that the manufacturer helps out if I were to win a claim under the Sale of Goods act?
If I have a problem with something I've bought, then under the Sale of Goods act, it is the retailer rather than the manufacturer who is responsible for putting the problem right.
If I have a very valued, friendly (but small independent) retailer who is being faced with a large manufacturer who is basically saying "tough s
t, we're not interested", is there anything within the Sale of Goods act or elsewhere which gives the retailer assistance in ensuring that the manufacturer helps out if I were to win a claim under the Sale of Goods act?Does this help? - http://www.legislation.gov.uk/ukpga/1979/54
There are two separate and distinct contracts. The one between the manufacturer and the retailer has no direct linkage to the one between the retailer and you. The retailer's remedy will be under normal B2B contract law not consumer legislation. The retailer will have to make a judgement call on whether there is a mileage in him taking legal action against the manufacturer. It all depends on who holds the balance of power (who needs who most).
As an example, at one time I used to work in the rag trade. If one of the big department stores stiffed us (the manufacturer) with a returns note it was not good business practice to make too much noise. The buyers had the power to lock us out. I suspect in your case it may be the other way round.
There are two separate and distinct contracts. The one between the manufacturer and the retailer has no direct linkage to the one between the retailer and you. The retailer's remedy will be under normal B2B contract law not consumer legislation. The retailer will have to make a judgement call on whether there is a mileage in him taking legal action against the manufacturer. It all depends on who holds the balance of power (who needs who most).
As an example, at one time I used to work in the rag trade. If one of the big department stores stiffed us (the manufacturer) with a returns note it was not good business practice to make too much noise. The buyers had the power to lock us out. I suspect in your case it may be the other way round.
As noted above, the retailer has its own contract of sale and purchase with the manufacturer or supplier of the goods. That contract may or may not contain some exclusion clauses, as those can more readily be justified in business deals than in consumer contracts. The retailer must, however, fight its own battles. If the goods are faulty, it may have liabilities to you as purchaser, regardless of who is to blame for the faults.
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