Legal Question in Administrative Law in United Kingdom
Return of faulty fresh produce
We are vegetable merchants - a pertnership- we purchased fresh vegetable produce from a grower - limited company- The produce was not as described and were returned to the grower. They refuse to accept them back, saying that they are ours and must be paid for in full. Is this true?
1 Answer from Attorneys
Re: Return of faulty fresh produce
It would seem that this was a business rather than a consumer transaction, and as such the Sale of Goods Act provision that goods must meet the description will not apply. However it was doubtless a term of the purchase contract that the vegetables would be suitable for resale. That they were not is a breach of contract which will give rise to a claim in damages for the money paid plus any other losses.if the sum involved is less than �5,000, a claim should be brought under the small claims procedure in the local county court without delay.
Please let us know if we can assist further in either advising or assisting with bringing a claim.
Andrew Dutton
Legal Zone
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