“I purchased a power link box from a business supplier in Northern Ireland last year for €900. The box had done very little when it started giving trouble. I made several efforts to contact the supplier but he will not return my calls and is now ignoring solicitor’s letters. My solicitor has advised me that I have no rights under consumer law as it was a business transaction and advised me that suing the supplier is a waste of time. Do I have any comeback? If not, I think this should be highlighted to farmers when buying equipment outside the Republic.”
If you purchase something and it turns out to be faulty, you have a number of options under consumer protection law. However, it is important to establish that you were acting as a consumer when you purchased the power link box in order to avail of this added protection.
Who is a consumer?
A consumer is defined in Irish law as a natural person who buys goods or a service for personal use or consumption from someone whose business it is to sell goods or provide services. By law, you are not a consumer if you:
It is arguable whether you bought the goods for your own personal use or as part of your farming business and consequently it may be advisable to pursue the matter as a commercial contract rather than as a consumer contract.
What is a commercial contract?
When you buy goods or services you enter into a contract with the seller. Contracts may be written or oral. It is easier to know what the terms are in a written contract but an oral contract is also enforceable in law.
Suppliers often record their terms of sale at the back of their invoices and consequently you should check the invoice furnished to you. If you do not have a copy of their terms of sale, you should formally request a copy from the supplier to protect yourself in the event that they produce them and use them against you at a later point.
Apart from the terms of sale, it can be argued that it was an express or implied term of the contract/agreement that the power link box would be of merchantable quality, fit for the purpose intended and free from any defect. As you have advised that a fault appeared within three weeks of purchasing the power box and further faults have since developed which means you can no longer use the power box, the machine clearly was not of merchantable quality or fit for purpose when you bought it.
It is open to you to sue the supplier for breach of contract and to claim for return of the purchase monies. However, the cost of instituting proceedings might outweigh the cost of the faulty machine. While you might recover the costs if you succeed in your action, a more practical cost-effective way to pursue the matter in these circumstances would be through the small claims procedure.
European Small Claims Procedure
If the claim is for €2,000 or less, it may be possible to pursue a claim through the small claims procedure. The European Small Claims Procedure provides an inexpensive and easy way for someone to pursue a cross-border claim in relation to civil and commercial matters without the need to employ a solicitor.
The fee for the European Small Claims Procedure is €25. You must fill out a claim form giving details of your claim, the amount you are seeking and supporting documentation. You must then lodge it with the registrar in your local district court office. Once the registrar has received the claim form, a standard answer form is prepared, which is served on the defendant by post within 14 days. The defendant has 30 days to respond. Within 14 days of receiving the defendant’s response, the registrar forwards a copy of it and any supporting documentation to you.
Where the claim is not disputed, the defendant is required to notify the registrar’s office by returning the answer form together with payment of the amount claimed. The registrar will then transmit payment to you. Where the defendant does not reply, the court will give judgment. Where the defendant contests the claim, the registrar will attempt to negotiate a solution between you and the defendant.
If this fails, the claim is referred to the district court for judgment within 30 days of receiving the response from the defendant. The court can decide to ask for further information from either or both parties (and may hold an oral hearing at the request of either you or the defendant. The court can then proceed to give judgment. Enforcement of the judgment is governed by the law of the EU member state where you want the judgment enforced.
You are required to provide to the Enforcement of Judgments Office in Northern Ireland an original copy of the judgment and certificate of judgment. They will enforce the judgment for you.
As the value of the loss claimed is small, this is a cost-effective speedy option. However, had the amount been more, it would be more difficult and expensive to pursue the matter cross-border than suing a supplier in the same jurisdiction.
SHARING OPTIONS