This paragraph emphasizes the importance of meeting specific terms in a contract and the consequences of failing to do so. When purchasing a Nokia 7210, it is expected to include a mobile cover and battery. Failure to fulfill these terms allows the buyer to reject the contract and seek compensation. Another term, called Warranty, has less significance but still holds implications. If the Nokia 7210 does not come with a Sim card as requested by the buyer, it falls under Warranty terms. In such cases, the contract is not rejected but damages can be claimed to reduce the device's price.
The text discusses Exclusion Clauses and highlights their strict regulation by law. The Unfair Contract Terms Act 1977 was enacted to prevent retailers from infringing on customers' legal rights under the sales of Goods Act. Any attempt by retailers to l
...imit or remove these rights through notices or contractual statements is considered a criminal offense. Exclusion Clauses are only valid if they are deemed 'fair and reasonable'. For example, if a Mobile Mechanic loses a customer's mobile phone, they must prove that they took reasonable care of the goods and cannot be solely held responsible for the loss.
If an employee is responsible for the loss or damage, you are eligible for compensation. Ending a contract can be done through three methods:
- Performance - when you buy an item, pay for it, and leave the shop with it.
- Agreement by both parties - when you return goods to a shop and the retailer agrees to accept the return and refund your money.
- Breach - when one party fails to fulfill their part of the agreement.
The five Government Acts wer
established to protect both retailers and customers in any situation of innocence.
The 5 Government Acts are: The Sales of Goods Act 1979 and 1995 which has been amended 3 times since it was first passed. It states that all goods must be:
- As described- Must meet description.
- Of satisfactory quality. It has to be worth its price.
- Fit for the purpose for which it is intended. It has to do what it says it does.
- Fit for any specific purpose which the buyer has made clear to the seller. Must be what the buyer asked in detail.
The Supply of Goods Act 1982 states:
- Ensures that all work is carried out within a reasonable time scale.
Ensures that you pay a reasonable charge for standard price and reasonable target skills, such as the qualification of an electrician. Additionally, ensures that the person carrying out the work uses satisfactory material. The Consumer Protection Act 1987 is related to price and safety. It is an offense under this act to mislead consumers about the price of goods, services, accommodations, or facilities and to mislead consumers over sale prices and claim exaggerated price reductions. It is also an offense to supply goods that are not reasonably safe. The Trading Standard Offices enforce this Act.
The Trade Descriptions Act 1968 is designed to prevent the false or deceptive description of goods, encompassing instances where manufacturers inaccurately describe their products and packaging images that create misleading impressions. The act also encompasses other aspects of the goods, such as quantity, size, composition, and manufacturing methods.
According to the Consumer Credit Act 1974, individuals who have entered into a credit agreement possess the right to cancel it within
a specific timeframe. However, this right does not extend to agreements made over the phone or those signed at the seller's shop, office, or workplace.
If the agreement was signed at home, it can be canceled after signing. Also, the creditor cannot demand early payment, retrieve the goods, or terminate the agreement without serving a written notice. This notice must provide a 7-day warning of their intentions and should include specific information such as:
- The amount required to bring payments up to date
- The deadline for making payments
- The consequences of non-payment
- How to terminate the agreement
- Making payments will not terminate it.
If a court order is necessary, the creditor cannot take back the goods if you have paid one third of the total price under an HP agreement. Even if they seek a court order, you can ask the court to suspend the "Return Order" and allow you to pay outstanding amounts in installments.
If the creditor takes back the goods without a court order and you disagree, you can choose to start legal proceedings to get back all the payments made for the agreement. It's important to know that the creditor cannot come into your property to take back the goods unless you give permission or there is a court order. If a credit agreement is considered unfair, it is possible to go to court and ask for a review of the agreement in order to establish a new one or make changes to the existing agreement. However, this will only happen if it can be proven that the agreement has an "extortionate" price.
Regulators, also referred to as watchdogs, are independent entities appointed by the government. Their role is to
ensure quality and value for money in various industries such as Oftel and utility companies. Each regulator has its own distinct objectives.
In the field of criminal law, a criminal is an individual who engages in actions that oppose societal interests. These actions encompass theft, rape, kidnapping, drug dealing, speeding on major roads, and murder.
In Scotland, the case can be heard either in a Magistrate's court or at a police station in a sheriff's court. This particular case falls under Civil Law and deals with the relationships between individuals and companies. In this type of scenario, individuals bring civil action against each other. To start this process, two conditions must be met: 1) There must be loss or harm, and 2) The party filing the action must have a legal duty owed to them. Typically, it is the aggrieved party, known as the claimant, who initiates proceedings in a county court.
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