Right to reject faulty vehicle if a business purchase
Discussion
Plenty of info out there if you are the customer, but what are the options if you want to reject a vehicle (new tractor) bought through your business? Bought a new tractor with 40% cash, 60% finance 5 months today, it broke down on the delivery day (clutch cable snapped) and has had ongoing faults & breakdowns ever since, the persistent one is overheating DPF (all exhaust components from the turbo back have been replaced but still a fault), it is currently in my yard unusable. Dealer been out multiple times to replace things but made no progress. I have a case opened with the manufacturer and the finance is with them also. I think I have given them fair chance to repair it which they seem unable to do. I have emailed the manufacturers after sales manager asking to reject but they seem to be ignoring me so far, so what are my options folks?
Ta
Ta
Section 14 of the Sales of Goods Act 1979 applies to goods sold in the course of a business, and implies a term that the goods supplied are of satisfactory quality.
Although there is no automatic right of rejection, as there is with a consumer contract, a business buyer is still entitled to reject in principle. Alternatively, they can claim damages for breach of contract.
Whether or not rejection is an option depends on the severity of the problem, but in your case I would think that it may well be worth considering.
Although there is no automatic right of rejection, as there is with a consumer contract, a business buyer is still entitled to reject in principle. Alternatively, they can claim damages for breach of contract.
Whether or not rejection is an option depends on the severity of the problem, but in your case I would think that it may well be worth considering.
I bought a second hand jcb telehandler for our business and on the first day it overheated immediately. The dealer tried to get us to allow him to fix it but we had no faith in him so told him we were going to return machine. He tried to bluff us and get us to keep it but all it took was one lawyers letter. I know your case is different but to me the tractor is not of merchantable quality. I would tell the supplying dealer straight you want a refund and if he blusters get a lawyer,it will be cheaper in the long run!
Dealer is pretty crap to be honest, just to confuse the issue they have now lost the dealership for the brand they sold me, but are still getting support from the manufacturer.
Update yesterday was now they have swapped all the exhaust off and it hasn't fixed the issue the manufacturer has told them to replace the ECU next in case its that. Problem is that none exist in stock so they cannot do the work. I have offered to trade up on the tractor and spend a few more quid but that fell on deaf ears, think it will have to get a bit legal, I am going to have to rent a tractor soon as I cannot be without one in June.
Update yesterday was now they have swapped all the exhaust off and it hasn't fixed the issue the manufacturer has told them to replace the ECU next in case its that. Problem is that none exist in stock so they cannot do the work. I have offered to trade up on the tractor and spend a few more quid but that fell on deaf ears, think it will have to get a bit legal, I am going to have to rent a tractor soon as I cannot be without one in June.
Update on this. I forgot I had legal insurance with my NFU membership, so I had a chat to them and they will be happy to take on the case. I sent the dealer, the manufacturer & the finance company an appropriately worded email and they have another week to respond before the NFU legal bods take up the issue. The finance company have made an initial reply stating it is not for them to agree the rejection but they will ask the question for me (not clear if it is the supplying dealer or the manufacturer who agree that at the minute). The wording of the contract does seem to state the finance company will not pick up the cost of hiring a replacement tractor so holding fire on that as long as I can.
As an aside, the replacement ECU turned up at the dealer, it was fitted today, it is still overheating.
As an aside, the replacement ECU turned up at the dealer, it was fitted today, it is still overheating.
scrw. said:
The wording of the contract does seem to state the finance company will not pick up the cost of hiring a replacement tractor so holding fire on that as long as I can
If you are willing to go to Court - obviously you can ask them to cover the cost of a hired machine and use the threat of it to try to speed up the process - or ask to borrow a machine until yours is fixedI will say that having watched my Father take people to Court - despite winning - I don't think the stress was worth it
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