"April Fool's Day? Afraid not!"

Buy in goods? Sell them on again? To consumers? If so, read on!

The Sale and Supply of Goods to Consumers Regulations 2002 came into force on 31st March 2003. Included within the provisions are terms that:

• YOU as seller become liable for the “manufacturer’s publicity”; 
• YOU as seller are assumed to be liable for defects in the goods in the first six months of delivery;
• passing of risk in the goods remains with YOU until actual delivery to the consumer. Delivery to your carrier cannot trigger acceptance by the consumer; and 
• manufacturers remain liable to the consumers on their guarantees.
  

You must be joking! This is some kind of April fool?

No! You should consider taking the following actions:

• read and question the contents of “manufacturer’s publicity”; 
• get an indemnity from your manufacturer; 
• check goods before you sell them to the consumer; 
• agree the terms of supply with your manufacturer to include an obligation on the manufacturer to replace defective goods; 
• ensure the carrier delivers the goods swiftly; and 
• ensure the seller of the goods to the consumer records the date upon which sales are made to ensure you know when the six month period starts to run.

If you require any further information on terms and conditions of business please contact the partners of our commercial team:
Email: hugh.murrell@follettstock.co.uk
Email: gavin.poole@follettstock.co.uk

The above is only a summary of the law and should not be relied upon in place of specific advice.