When a consumer, that is an individual and not a business, is a purchaser or user of goods and/or services he/she is protected by a variety of legislation. 

If a provider of these goods or services does not comply with the relevant legislation then the consumer has a right to certain remedies.

Typical issues which can arise are directly related to the business not having a clear idea of their responsibilities under the legislation and not having standard terms and conditions of sale.

What is the effect of the legislation?

• certain conditions are implied into a sale by the Sale of Goods Act 1979,  the Sale and Supply of Goods Regulations 2002 and the Unfair Contract Terms Act 1977 and cannot be excluded by a contract.  For example, the goods must be as described and be of satisfactory quality, be fit for purpose and the seller must have the title to sell
• a business cannot exclude liability for death or personal injury caused by its negligence
• any limitations a business makes on its liability for personal injury due to its negligence must be reasonable
• the business cannot state that it can if it wants sell or supply something different from that which the buyer contracted to buy
• a business cannot provide that it will not sell or supply anything at all
• a business cannot exclude or restrict its liability for breach of contract.

Our team have considerable  experience of drafting standard terms and conditions and interpreting existing contracts.

For further information please contact:

martin.jinks@vshlaw.co.uk or

su.knowles@vshlaw.co.uk