Sale of Goods Act 1979 (SOGA) and Supply of Goods & Service Act 1982 (SOGASA)
It is imperative to note that Global Vision Direct Limited T/A Artisan Furniture deals in business to business (B2B) transactions and contracts only.
The Sale of Goods Act 1979 has been largely repealed and replaced by The Consumer Rights Act 2015. This legislation applies to contracts between a Consumer and a business. Under the new law, a ‘consumer’ is someone who isn’t acting for the purposes of a business when they deal with the trader. This means that a business that buys goods isn’t counted as a consumer under the Consumer Rights Act. Therefore, in a business-to-business (B2B) transactions such protection shall not apply.
The Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 may only apply to business-to-business contracts in a very limited sense and in so far as the legislation has not been negatived by the terms of the contract. Such application will only apply in a case where the trade order terms are either inconsistent with the terms or fairness ruled by a court or are deemed to be so by a court under the Unfair Contract Terms Act 1977.
As a business to business partner you are bound by the terms & conditions and the exclusions as listed in the T&C’s of the company. Bear in mind that liability may be limited or excluded by the terms and conditions of a business-to-business contract.
Customers sometimes claim that Sale of Goods Act 1979 (SOGA) and Supply of Goods and Services Act 1982 (SOGASA) apply and we need to accept returns beyond the agreed timelines – This is not in a B2B contract.
In a B2B contract there is no automatic right to a refund except that provided for in the contract and the terms and conditions –
The below are the salient features of the above laws-
- SOGA & SOGASA implied term as to description and not quality
- SOGA & SOGASA implied term as to fitness for purpose
- SOGA & SOGASA rules on exclusion of liability by the seller
We further confirm that as a B2B entity SOGA OR SOGASA are excluded.