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Showing results for tags 'sale of goods'.
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Hello all, I'm a first time poster so please be gentle with me! I've got an issue and would appreciate some advice. In February last year I purchased a motorcycle off the sole UK importer /concessionaire. The bike was three months old. I met the dealer [who is a director of the company] at the company headquarters. The story that came with the bike was it had been bought by customer on the Isle of Man who found he couldn't start it and that is how it came to be back at the importers premises. I paid cash to the dealer and he gave me a handwritten receipt with full amount written on it including the bike's registration number. The bike came with a full two year parts and labour warranty. within weeks of buying the bike it developed some serious problems [main bearings collapsed, rear suspension snapped] The dealer ignored almost every phone call and email until eventually I declared the bike not fit for purpose and asked for my money back. This was five months after I bought the bike. It was only when I threatened action in the small claims court that the dealer finally responded. He said the sale was nothing to do with his company. He had been acting independently when he sold me the bike and was simply selling the bike on for the customer in the Isle of Man. He's obviously trying it on but I'm curious if he has any right to do this. To summarise I've walked into a main agents/importers premises to buy a bike off him. I've handed over cash to a director of the company and at no time [until 5 months after the fact] has he informed me the sale had nothing to do with him. He was simply doing someone a favour and the reciept he gave me was a simply a petty cash receipt. If I want a refund I need to contact the man on the Isle of Man. Do you think his defense could have any legs in court? I would hope not but you never know... Any advice gratefully received, Bob
I'll summarise to keep this as short as possible: Bought car and collected on Monday. On Friday, thought I had a flat tyre, took to tyre garage, alloy wheel cracked in many places. Garage said cracks looked old. Also, had a weld, showing signs of previous repair. Called garage i bought car from. Salesman initially very helpful, asking me to email photo of wheel, so he could replace. Sent email saying "I am sourcing a wheel for you" Chased up later - boss refused to replace wheel (cost of £530, plus tyre at £300) I stated this wasn't acceptable. Wouldn't budge. Offered instead to collect the wheel and "repair" It has many cracks, tyre garage says repair is impossible / unsafe Also, no spare wheel (car has runflats) - so sending wheel obviously renders car un-usable. Car was sold with MOT put on car a day before I collected it. Tyre garage asked an off-duty VOSA inspector to take a look - he said it shouldn't of passed MOT and to appeal the MOT cert (he was off duty- but that is his job) I've informed the garage of my position. Basically, that I believe under the sale of goods act, the garage has a duty to replace the wheel, since repair would be impossible. What should I do? They're asking for the wheel back, but i need VOSA to inspect first to see if MOT is invalid?
I'm in a situation with Amazon whereby they (or the seller) won't give me the sellers geographical address (as required by the DSR), I'm sure this constitutes an unfair contract term, however it's got me thinking about Amazon's position on Marketplace. Amazon may claim that it is only an agent, but I think that is pretty weak, the usual situation between an agent and their client is that an agent takes a cut after the contract has been performed. In Amazon's situation, the consumer has no choice but to pay them (in the same way as if you are buying directly from them). Does this constitute a sale of future goods as per the sale of goods act? In which case "a contract of sale the seller purports to effect a present sale of future goods, the contract operates as an agreement to sell the goods" which makes Amazon liable for the conclusion of the contract I'd love to hear your views on the subject and I'd like to see Amazon taking marketplace seriously