Manufacturer's claims and new SOGA

Honest John Back Room » Motoring discussion
View Threaded
Mon 14 Jul 2003 22:09
Manufacturer's claims and new SOGA - teabelly
Just read this interesting snippet from a trading standards document:

Manufacturers' Statements
From 31st March 2003 the seller of goods will be liable for any statements that have been made by the manufacturer, in advertising, on packaging, or by any other means. For instance:
The maker of a certain type of car claims in newspaper adverts that it can go from 0 60mph in a certain short time.
However, the car is in fact unable to accelerate in the way.
Anyone who is influenced by the manufacturers' false statement when buying that car could claim against the seller for a breach of the Sale of Goods Act, provided:
the seller could not have known that the statement was false at the time he sold the car, or;
the statement had not been withdrawn in public, which should have made the buyer aware of the circumstances.

How far could a claim go? Eg if a manufacturer's advertising claims that it can make anyone attractive to the opposite sex and they constantly struck out could they complain to their dealer?!

More seriously could this apply to claims of reliability, safety and economy?
teabelly
Reply | Report as offensive | Link
Mon 14 Jul 2003 22:23
Manufacturer's claims and new SOGA - sean
If only things were so simple, teabelly.

It usually comes down to the small print.

Most manufacturers have exclusion clauses. In vehicles it often goes " the manufacturer makes no claim for a particular vehicle; we adopt a policy of continuous improvement and specifications are issued as a guide only. Prospective purchasers should check with their dealer... etc

Bit like "free Cd" in the paper.

But you have to buy the paper for umpteen weeks and collect the tokens. Is it free?

Is there ever such a thing as a free lunch?
Reply | Report as offensive | Link

We give you the low down on how to save on insurance, little-known tricks and tips, what insurance groups mean and how to use insurance aggregators to beat insurers.

Insurance group finder and how to save on insurance

From which small car to buy at which price point to the best UK-built cars, our Top 10s have the lot. Click now for your shortlist.

Unsure of what to buy? Our Top 10s are here to help you....