Read before you sign.

[fofeg101]

This evening I was filing away some paperwork relating to the purchase of our Motorhome, and made a cursory perusal of the Sales Invoice I signed when I collected our van, I read the fine print, which to be honest is down right scary. All the more embarrassing, as before my retirement, when I was gainfully employed, part of my job was preparing contracts and appearing in County Court as an expert witness. Thankfully the only faults in our van were/are minor and only related to the habitation area. It explains why when I contacted the proprietor of the dealership his attitude was "It's a second hand van it isn't perfect". Here are extracts of text contained in the Sales Invoice I signed....without reading. You will all understand that despite any "thorough examination" you have to own a vehicle for two weeks to find all of the faults, and, thankfully, any County Court Judge who read that document would just dismiss it and consider the Seller to be a Crook. Make up your own minds about what kind of company would hide behind a document like that.

Sales Invoice

I declare that I am the buyer of the vehicle described above at the price stated below and I have read and understand this contract, and value the vehicle at the price I have paid, and understand that my deposit is not refundable, should I break this contract for any reason.
________________________________________________________________________

I acknowledge receiving delivery of the vehicle described below/above, and have had the opportunity of a thorough examination of the vehicle before purchase of my own free will without harassment from the seller.
________________________________________________________________________

CAUTION: Mileages on recorders of used Motor Vehicles may differ from actual total distances run, and must be disregarded. The Mileage is not Guaranteed.
_______________________________________________________________________


PURCHASER CERTIFICATE OF EXAMINATION

I/We certify that, before I/We sign this order my our attention has been drawn to the age of the vehicle (as shown by the first registration) and the fact that defects may be present on that account. In addition I/we understand that it is a term of contract that I we should examine the vehicle before signing this order form to satisfy myself/ourselves as to its quality and that I/we have carried out such an examination. In particular my/our attention has been drawn to the following items.

1. TYRES, BRAKING SYSTEM
2. BODYWORK AND PAINTWORK.
3. GLASS
4. INTERIOR TRIM AND UPHOLSTERY
5. THE GENERAL CONDITION OF THE VEHICLE INRELATION TO ITS :
a) ENGINE/GEARBOX/AXLE
b) ALL ELECTRICS AND AGE OF THE VEHICLE
________________________________________________________________________

I/We the buyer of the above Motor Vehicle have tried, tested approved and have thoroughly examined it, and am completely satisfied with the condition of Engine/Gearbox/Axle ans all mechanical and electrical parts and the braking system and understand that thee is no Warranty or Guarantee given or implied and that any claims for any work or parts are not the responsibility of the seller.
________________________________________________________________________

I/We the Seller of the above Motor Vehicle have given the buyer every opportunity to examine and test the vehicle and they are completely satisfied with its condition and understand that as soon as it is taken from our premises no claims for any work/parts etc. are the responsibility of the above Seller and no claims whatsoever will be paid out by the Seller.
___________________________________________________________________

 

[yorkslass]

as far as i am aware anything you buy must be fit for purpose and i don"t think you can sign your rights away. pretty underhand to get you to try though. i agree you can"t possibly assess something as complex as a motorhome without using it.

 

[Deleted member 3011]

caveat emptor an outdated principle then?

Unless there is an agreed or statuary warranty, I can't see fitness for purpose being much of a defence unless it is comprehensively detailed in the contract for purchase.

Different if it was brand new..

 

[Dezi]

caveat emptor an outdated principle then?

Unless there is an agreed or statuary warranty, I can't see fitness for purpose being much of a defence unless it is comprehensively detailed in the contract for purchase.

Different if it was brand new..

Hi, caveat emptor was never a principle, outdated or otherwise. It is however good advice.
Yorkslass is correct in the statement that – it must be fit for purpose - In as much as the law will interpret it in court.
We went to a solicitor a few years ago to get advice regarding a duel fuel cooker. It had an inherent fault that prevented it doing what it advertised, & the reason we purchased it... ie not fit for purpose. A single letter from the solicitor sorted it out in as much as the company accepted our argument & that the advertising was misleading.

A note on the windscreen saying " in excellent condition" will suffice.
Dezi

 

[fofeg101]

Of course buying second hand vehicles is a lottery, not many people dispose of a vehicle which is running faultlessly. However, if a claim has to go to Count Court the Judge will have studied all of the relevant paperwork provided and the clerk will have pointed out points of interest. The Judge is no fool and he will have a picture of what kind of people he is dealing with. I've seen some so thought rock solid cases just dismissed within seconds of the case opening. One case I was involved in as Technical Witness where the defendant stood up and began reading from a document he was holding. The Judge was thumbing through the paperwork in front of himself and asked "MrX, Have I a copy of that document your reading from?" MrX replied (stuttered) "No Sir", the Judge then said "Then kindly refrain from referring to it for the rest of this case please". That put the Kybosh on the blokes case...he lost.

 

[yorkslass]

caveat emptor an outdated principle then?

Unless there is an agreed or statuary warranty, I can't see fitness for purpose being much of a defence unless it is comprehensively detailed in the contract for purchase.

Different if it was brand new..

as far as i am aware, fitness for purpose is the underlying principal for any purchase, new or secondhand unless any defects are pointed out at the point of sale, or sold for spares or repair.

 

[Pollik]

Hands up everything who checks all the small print and avails themself of the full ramifications of the legal situation before you do things.

It is nigh impossible if you still want to have a life.

Who read the small print before signing up to this forum, or checked the byelaws last time you bought a train ticket?

This is a nice story about people contractually risking their souls because they didn't read the EULA. http://boingboing.net/2010/04/16/video-game-shoppers.html

Documents like that are not really intended to be read and understood by the man on the Clapham omnibus. Their purpose is provide companies with get out clauses. If law was straightforward, we wouldn't need lawyers to sort out the mess for us.

Polly

 

[Dezi]

Where’s the small print on the marriage certificate? After forty years of looking I still aint found it.

Dezi:scared::scared::scared: