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Supply of Goods and Services Act 1982

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  • Supply of Goods and Services Act 1982

    Supply of Goods and Services Act 1982

  • #2
    Re: Supply of Goods and Services Act 1982

    damn attachments vanished.will relocate.
    Common Sense .... if in doubt, use it !

    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    • #3
      Re: Supply of Goods and Services Act 1982

      Supply of Goods and Services Act 1982


      sec 15


      15 Implied term about consideration

      1.
      Where, under a contract for the supply of a service, the
      consideration for the service is not determined by the contract,
      left to be determined in a manner agreed by the contract or
      determined by the course of dealing between the parties, there is
      an implied term that the party contracting with the supplier will
      pay a reasonable charge.

      2.
      What is a reasonable charge is a question of fact.




      ================================================== ============

      4.
      The Secretary of State may by order provide that one or more of sections 13 to 15 below shall not apply to services of a description specified in the order, and such an order may make different provision for different circumstances.
      Common Sense .... if in doubt, use it !

      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

      Comment


      • #4
        Re: Supply of Goods and Services Act 1982

        BERR procurement manual section D: legal framework

        BERR procurement manual section D: legal framework - BERR



        D.2.11 Breach and Liquidated Damages
        A breach occurs when one party to a contract, without lawful excuse, fails to perform its obligations, states that it will not perform them, does some act which precludes performance or performs them defectively.
        Damages are a remedy for a breach of contract (although not the only one) and BERR will always need to consider carefully whether damages are the appropriate remedy. Damages may be sought by a party whether it has suffered loss or not. However, if the party cannot show that it has suffered any loss, the damages, if any, awarded by a court are likely to be only nominal.
        Damages are not to be thought of as a punishment for a criminal act and will not usually be set so high as to be punitive or exemplary.
        If the contract itself provides that compensation is to be paid in certain circumstances, the amount to be paid must not be excessive or it will be deemed to be a penalty (irrespective of how it is described in the contract) and not enforceable. A penalty clause in a contract is not legally enforceable, but where the compensation is a genuine pre-estimate of loss, this is termed "liquidated damages" (but often referred to mistakenly as ‘penalty clauses’) and the courts will allow recovery. It follows that where contracts include incentive clauses which allow payments to the supplier to be varied according to performance, these will be enforceable only if any reduction in payment for performance below the level normally required meets the definition of ‘liquidated damages’.
        If the action or inaction of a contractor amounts to an apparent breach of contract, your Directorate’s solicitor must be consulted immediately. This is particularly important if a time-of-the-essence clause has been introduced into the contract. If the Department is at fault, the policy is to pay for equipment supplied or services rendered but not to make other payments. It is also policy to avoid costly litigation wherever possible.
        Common Sense .... if in doubt, use it !

        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

        Comment


        • #5
          Re: Supply of Goods and Services Act 1982

          Brought a laptop to a shop asked them do they do repairs, "oh yes we do, it is 20 euros( I'm in southern ireland)and this is for a technician to look at it, find the problem and then evaluate how much it will be to fix it. no work will be done unless you are advised and you give us permission to do it. Fine i said, i get a call 2 days laters "hi your computers fixed, we did this, we did that, it is 60 euros, you paid 20 you owe us 40 euros. Come and collect it when you like."
          I said "i don't think so." " you said you would call me and let me know what the problem was , tell me what the charge would be and then i could say if i wanted the work done, or not"" " you never called me , never said what it will cost , and i never give you any permission to do work on my property. Now just to point out!!! when i went into the shop i was not happy at all, and would have probably just tried to make my point and eventually paid. BUT when this guy comes out and starts getting ever so arrogant, and clever PROPER SMARMY GIT! I thought hang on a minute I'm not taking this crap, so i said "hey listen mate, go in the back and get me my computer and i want it back , you have no right to say your keeping it , and holding it to ransom until i pay such fees in full. there was no fees as far as I'm concerned!!!! it is my property and i want it back right now, if its broke fixed or in bits i want it now, go sand get it

          Comment


          • #6
            Re: Supply of Goods and Services Act 1982

            http://www.legislation.gov.uk/ukpga/1982/29

            Supply of Goods and Services Act 1982

            The contracts concerned.

            (1)
            In this Act [F1in its application to England and Wales and Northern Ireland]a “contract for the transfer of goods” means a contract under which one person transfers or agrees to transfer to another the property in goods, other than an excepted contract.
            CAVEAT LECTOR

            This is only my opinion - "
            Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb

            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.

            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

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