Businesses which are involved in the provision of goods have a duty to ensure the goods are of “satisfactory quality” and “fit for purpose”. Where services are provided by businesses, it is essential that they are delivered with “reasonable care and skill”.
It is also important that the terms of the contract for the provision of goods or services are complied with by both the buyers and sellers. Where goods or services are not delivered in accordance with the agreement between the parties, it is likely that a goods or services dispute will arise.
The law operates slightly differently depending on whether a contract is a business to business (“B2B”) goods or services dispute or a business to consumer (“B2C”) goods and services dispute. Our solicitors can assist you in navigating the differences in legal frameworks where you are either claiming or defending a goods or services dispute.
Consumers who purchase goods or services from businesses or traders who are acting in the course of their trade, profession or business have a wide range of rights and remedies available to them, thanks to a piece of legislation known as the Consumer Rights Act 2015. Consumers who shop online also have rights and remedies available to them relating to matters such as refunds, cooling off periods and the misdescription of products or services.
The Consumer Rights Act 2015 (“the CRA 2015”) sets out the rights that apply to consumers when they are purchasing goods/products, services and digital content.
Consumers and traders may use the provisions of the CRA 2015 to either claim or defend their matter.
For example, in relation to goods, a consumer may claim that the goods were not fit for purpose or of satisfactory quality. It will then be for a business trader to defend their position.
Similarly, in relation to services, a consumer may claim that a service was not delivered with reasonable care and skill. Similarly, it will be for a business trader to defend their position in setting out why the service was delivered with reasonable care and skill.
Where there is a delay in providing goods or services, the starting point is that the contract should be reviewed to understand whether there is a deadline stipulated for the delivery of the goods or services. Where there is no deadline stipulated, the CRA 2015, states that the delivery of goods and services should be delivered within a “reasonable time”
Our solicitors have a special expertise in assisting in the following sectors where goods and services are provided: