"sold as seen, no warranty given or implied"

[PeteB]

Just seen this old chestnut on an invoice for a used wood chipper. I've got to do my own research on this but, what do you think? Is this legal, honourable, justifiable? There is no mention on the invoice that it is not working or for parts only - it was sold as a good, working machine....

[Conor Wright]

Just seen this old chestnut on an invoice for a used wood chipper. I've got to do my own research on this but, what do you think? Is this legal, honourable, justifiable? There is no mention on the invoice that it is not working or for parts only - it was sold as a good, working machine....

Had the same on an invoice for a mewp. (From a mewp specialist) I dont see why it wouldn't be legal provided you weren't told that there was a warranty or led to believe there would be after sales backup or that it was advertised as sold with warranty.
I'd put it on any old kit I would be selling, not because I wouldn't trust the machinery to be in good working condition but I'm not a dealer and wouldn't be in a position to provide after sales backup, service or repairs.
Three years later and the mewp is still earning money, no major repairs needed. although it did get a good once over after being bought. Still worked out better value than buying refurbished from a dealer. Horses for courses I guess. Some people like, want or need the reassurance of warranty and others are happy to take full responsibility from day one.

[Justme]

I am sure the new ish sales regs protects consumer purchases so it would not be legal but trade to trade it would still be ok.

[Mick Dempsey]

I thought (always a dangerous start to a post) that from a dealer there’s always some kind of comeback due to the sale of goods act, albeit very limited and short, so if you buy a chipper and it simply doesn’t work you have some rights,unless they get you to sign a disclaimer.

 

Buying from an individual you have no such rights.

 

Happy to be corrected.

 

 

 

 

[openspaceman]

2 hours ago, Mick Dempsey said:

I thought (always a dangerous start to a post) that from a dealer there’s always some kind of comeback due to the sale of goods act, albeit very limited and short, so if you buy a chipper and it simply doesn’t work you have some rights,unless they get you to sign a disclaimer.

 

Buying from an individual you have no such rights.

 

Happy to be corrected.

 

 

 

 

The sale of goods act was replaced by the consumer rights act in 2015 but I think you are generally right.

 

If it is an individual to individual sale there is little comeback unless the seller has lied about the condition.

 

If it is a business to consumer sale there are a number of protections if the goods are not as described, have a fault or plain don't work under the above act

 

If it's a business to business sale then there is far less protection  but what's offered must be as described and there would be a comeback through the courts if a fault the dealer knew about but hadn't mentioned became apparent.

[PeteB]

A couple of years ago, I got an old Audi Q7 to carry dog/children/parents etc. It had warranty on the engine and gearbox only according to the garage that sold it. It died some two months after with air suspension failure caused by various interlinking electronic issues. The car cost £8k and I was quoted £4-5k to fix it. The seller used every trick to avoid talking about the problems and, after a bit of a process, I got a full refund. I had used a debit card as the cash transfer failed on the day and the card people did a Section 75, refunded me and snatched it from them. According to Citizens Advice, under the consumer rights act, I had been tucked up and despite the garages written warranty, they had to take care of the problems or refund my money! Different circumstances if it is person to person, but dealer to person means that this "sold as seen...." is not valid.

 

In the case of this woodchipper, the same supplier quoted someone the same thing the other year. When the proposed buyer quoted the same consumer rights stuff, the price dropped as they hadn't even looked at it in a workshop! With regards to the supplier, I have asked about to see where they are buying spares from for their stock of Pre Owned GreenMech and their has been no activity. Caveat Emptor!