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Evaluate The Main Provisions Of The Sale Of Good And Supply Of Services…
Evaluate The Main Provisions Of The Sale Of Good And Supply Of Services Act 1980 (60 Marks):
Merchantable Quality:
Goods should be a
reasonable quality
taking into consideration the
price paid
e.g. €10 pen should have a greater merchantable quality than a €0.50 pen
Fit For It's Purpose:
Goods should be able to perform their
annual tasks
e.g. a raincoat should keep out the rain.
As Described:
If goods are sold by
verbal or written description
, they should match that description
exactly
e.g. an item purchased from as Argos catalogue.
Correspond To Sample:
If goods are sold by sample then all
subsequent units should be of the exact same quality
e.g. if a catering company wins a contract by sample, all subsequent meals should be of the same quality.
Supplier of Services Should Be Qualified:
A service provider must
be able to do the job properly
and
must take due car / attention
e.g. a mechanic who is performing a full service should not forget to change the oil.
Guarantee:
A retailer cannot limit their responsibility by way of good. This acts as
addition to your normal legal right
. The guarantee entitles the consumer to a repair / replacement.
Third Parties:
Third parties such as hire purchase companies can be
"jointly and severally sued"
. This means the consumer can see the retailer their sold them the item or the hire purchase company that provide the finance.
Signs:
A retailer cannot limit their responsibility through the use of signs such as
"No Cash Refunds"
or
"Credit Notes Only"
. These signs are illegal as a faulty good entitle the consumer to a refund, repair or replacement.
Sellers of Cars:
The seller of cars must provide a
certificate stating that the car is free from any defect that would make it dangerous
e.g. someone selling a second-hand car must provide the new owner with a new car certificate.
Onus on Retailers:
The act pleases the
responsibility on the retailer to put things right
. If a product has a major fault a consumer is entitled to a refund while a minor fault entitles them to a repair / replacement.
Evaluation:
I believe the Sale of Goods and Supply of Services Act 1980 is an
effective
piece of legislation as it provides a
wide range of protection
to consumers and
promotes high standards of care
by businesses and their products.