This article was last updated 0 months ago and may not represent current law.
As an insight into the kind of work I do daily, here’s a genuine question I received this week. For this client, I recently prepared some new and updated terms and conditions, which included their new warranty.
Q: Hi Steven, we’ve been told by a b2b customer that we need to give them a 6-year warranty as one of our earlier quotes didn’t mention a warranty and apparently that entitles them to 6 years!? Is this right?
Here was my answer, as I sent it apart from a couple of points of law I have corrected since, to show you how clear, concise and pragmatic my advice always is.Hello my dear dear client (I don’t start every email like this admittedly!)
If there’s nothing in the agreement they get no warranty :)
The Sale of Goods Act applies as default. But that relates to goods and not services.
Any goods must be of satisfactory quality and fit for purpose. But that doesn’t come with a set period and certainly not a 6-year warranty.
People often conflate ideas; 6 years is the period in which someone can sue for breach of contract.
However, they need to show you’re in breach of contract and here they’d be solely relying on the sale of goods act. In short, no it’s not 6 years.
If it’s the service they’re unhappy with, the law implies that you’ll carry it out with reasonable care and skill (unless your terms validly exclude that), so they’d have to show that you didn’t. They have up to 6 years to bring that claim, but that’s a time limit for suing and not a warranty.
If it’s the goods they’ve been sold they’re entitled to satisfactory quality.
Personally, I don’t think you sell goods. You sell services. So I think they’re high and dry as far as a warranty goes.
As always though, customer service comes before legal backlines.
Hope this helps.
Steven Mather
Do you want expert legal advice that you can understand and which doesn't cost the earth?
Well this is what I do day in day out.With every commercial contract, I provide bundled addon support for questions like this. Alternatively, you can pay for me on an ad-hoc basis, but it is a minimum of one hour’s charge so that’s often not cost-effective.
Many clients are now engaging me on a subscription basis, where you pay a fixed annual fee (depending on your turnover, staff numbers and requirements) and for which you get unlimited ad-hoc advice.
Written by Steven Mather, a business solicitor acting on company sales and purchases. This is general information about the law, not legal advice on your situation. Law correct as at .



