Consumer and Customer Problems

Search Site

Services Available breadcrumbs

Problem Solving breadcrumbs

Consumer and Customer Problems

Borneos can help both businesses and customers in relation to problems relating to consumer law and, perhaps more importantly, how to avoid such problems.

There are many laws relevant to trade which takes place between businesses and consumers. Our lawyers are experienced in advising commercial clients to ensure that their terms and conditions and methods of business comply with all legislation applicable to their particular area. Some of the most important are set out below.

The Sale of Goods Act 1979 (as amended)

Businesses must ensure that when selling goods to consumers those goods are “of satisfactory quality” (i.e. that they have no major defects and also, in some cases, that they are free of minor and cosmetic defects), “as described” (i.e. they fit any description of them given in any advertisement or orally) and “fit for purpose” (i.e. fit for any obvious purpose or any specific purpose which the consumer made clear when purchasing).

The Supply of Goods and Services Act 1982

Businesses which supply services (which covers everything from plumbing to IT services) need to comply with the requirements of much legislation. The most important is The Supply of Goods and Services Act. This requires that work should be done to the standard and at the price agreed. If there is no such agreement then the work should be done to a reasonable standard, at a reasonable cost and within a reasonable cost. What is “reasonable” will depend on what others would have done and is always open to interpretation. For this reason it is always better to put in place a written contract. Borneos can assist with such contracts.

The Supply of Goods and Services Act also requires that materials used should not be defective and, if they are, the consumer is entitled to have them repaired or replaced, or to have the price reduced.

Consumer Protection Act 1987

This act provides for compensation for damage to property, injury or death caused by a faulty product. Manufacturers, producers or importers may be liable, as may a retailer in certain circumstances. Borneos has lawyers with expertise in personal injury and product liability who can assist in such claims which are often serious and may require product recall.

Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations 1994.

This legislation allows consumers to object to unfair or unreasonable terms in contracts they have entered into. Borneos can help in that its lawyers have experience in liaising with the Office of Fair Trading to ensure that businesses’ terms and conditions are not considered unfair or unreasonable.

If you would like to discuss how we might help you, please: