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Fact Sheet and
Frequently Asked Questions
Under
the Sale of Goods Act 1979 traders must sell goods that are as
described and of satisfactory quality.
If
consumers discover that products do not meet these requirements they
can reject them and ask for their money back providing they do so
quickly. Alternatively, they can request a repair or
replacement or claim compensation.
The Sale of Goods Act has been amended by the Sale and
Supply of Goods to Consumers Regulations 2002 which transpose a
European Directive.
Although the impact of the Regulations is relatively modest
there are some useful benefits for consumers.
  Short guide for
consumers. Law relating to the Sale of Goods (including the Sale and
Supply of Goods to Consumers Regulations 2002).
A Traders Guide – The Law Relating to the Supply of
Goods including the Sale and Supply of Goods to Consumers
Regulations 2002.
| Supply
of Goods and Services Act 1982 |
Fact
Sheet and
Frequently Asked Questions
The
Supply
of Goods and Services Act 1982
requires traders to provide services to a proper standard of
workmanship. Furthermore, if a definite completion date or a price
has not been fixed then the work must be completed within a
reasonable time and for a reasonable charge.
Also,
any material used or goods supplied in providing the service must be
of satisfactory quality.
The
law treats failure to meet these obligations as breach of contract
and consumers would be entitled to seek redress, if necessary
through the civil courts.
A Traders Guide – The Law Relating to the
Supply of Goods including The Sale and Supply of Goods to Consumers
Regulations 2002".
| Unfair
Contract Terms Act 1977
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Fact sheet and
Frequently Asked Questions
The Unfair Contract Terms Act 1977 limits the use of
exclusion clauses in contracts.
Generally only a court can decide whether an exclusion
clause is reasonable, However, any exclusion of liability whether in
a contract term or in a notice is always void if used for the
purpose of evading liability for death or personal injury caused by
negligence. Also, a trader selling goods cannot exclude liability for a
breach of a consumer’s rights under the Sale of Goods Act.
Contractual exclusion clauses in relation to services are
not illegal but they are not enforceable if they are unreasonable.
A Traders Guide – The Law Relating to the
Supply of Goods including The Sale and Supply of Goods to Consumers
Regulations 2002".
| Unfair
Terms in Consumer Contract Regulations 1999 |
Fact sheet and
Frequently Asked Questions
The Unfair
Terms in Consumer Contracts Regulations 1999 (SI 1999 No 2083) provide that a term which has not been individually
negotiated in a consumer contract is unfair (and hence non-binding
on the consumer) if, contrary to the requirement of good faith, it
causes a significant imbalance in the rights and obligations of the
parties to the detriment of the consumer.
Under the Regulations, the Office of Fair Trading (OFT) has
an obligation to consider any complaint made to it about the
fairness of any contract term drawn up for general use.
OFT may seek assurances and, if necessary, injunctions
against those using terms which it considers to be unfair. Certain
other named bodies are also empowered to seek injunctions against
unfair terms.
on
the Unfair Terms in Consumer Contract Regulations (link is to
information on the Office of Fair Trading web site).
| Sale
& Repair of Motor Vehicles |
Please
click the button to access our FactSheet and FAQ (Frequently Asked
Questions) on car sales and servicing and repairs.
The Office
of Fair Trading web site offers more advice on buying a
car.
 The
DTI published the “Be
Garage Wise” leaflet providing information on choosing a garage,
your dealings with your garage and what you should expect from a
good garage.
(171 Kb )
"Be Garage Wise" leaflet.
Click on this button to have a shorter printed version posted to
you.
In addition
guidance on more general sale and supply issues (see topics above) are available as follows:
A
Consumer's
Guide;
A Trader's Guide: Law relating to the supply of
goods and services"
Local authority
trading standards officers also enforce relevant criminal
legislation such as the Trade Descriptions Act 1968, which applies
amongst other things to clocking, and vehicle safety legislation.
Further details on vehicle safety are available from Department
of Transport.
The DTI published research into car servicing and
repair in 2003:
 Following
the Report of the Task Force on Car Servicing and Repair the DTI
commissioned research to provide a picture of the
service consumers receive in the car servicing and repair
market. 207 garages and 58 fast-fit business were mystery
shopped between March and June 2002. The results are contained in this report.
(363Kb) Car Servicing and
Repair: Mystery Shopping research.
 Market
research was commissioned by the DTI as part of the follow-up work
to the Report of the Task Force on Car Servicing and
Repair to
provide information on interest in a national voluntary and
self-financing “good garage” scheme of the type described in the
Task Force. This
report contains the results.
(351 Kb) Car servicing
and Repairs: Research into trade and consumer interest in a national
'good garage' scheme.
For more
information about cars and your rights visit the Consumer
Gateway.
DTI Contact
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