What does working order mean?

DeeGee

Member
Location
North East Wales
Whatever the small print or the ifs and maybes it sounds to me like the seller is pulling a fast one and needs naming and shaming IMO.
If I bought a sprayer that was sold as in working order I would expect it to be ready to spray a crop. It is up to me whether to check, change or renew the nozzles, the seller in this instance is well out of order and he knows it.
 

Davy

Member
Location
North NI
You wouldnt sell a baler with no pickup tines. I see this as similar, wheter the nozzles are the types the OP will use is irrelevant. There should be nozzles there for him to change. If no resolution is found, I also would like to know which dealer it is from. You put some trust in the man over the phone when your buying off their description unseen.
 

Bloders

Member
Location
Ruabon
Yes it does
UK law is law.
A company cannot overide ligislation with their own terms and conditions. They can only enhane what the law requires.
An example - Maternity cover is law (whatever it is) an employer may say they will pay xxx whilst on maternity cover. If this is less than the law requires, the company is breaking the law. If it is better than the law requires - great.
Health and safety at work act canot be overidden - eg, you cannot say that if I come to work on our farm, any accidents are my own fault.
So, the way I understand the comment above, if someone says that a picture does not form part of the description of the machine when advertising it on ebay (for example), then they are wrong and are breaking the law.
The pictures form part of the description.

I may have misunderstood the original question though!
 

thesilentone

Member
Livestock Farmer
Location
Cumbria
The simple question is, is the machine in working order? the answer is no. Why? because some of the parts are missing.

Which parts?the nozzles. Were they in the description as being missing ? no, but they weren't on the photos either.

Can the machine be operated without them ? No, therefore it is not in working order as advertised.

It has been implied the machine is in working order and it clearly isn't, judgement for the Plaintiff, next !!
 

thesilentone

Member
Livestock Farmer
Location
Cumbria
Reading between the lines, it's what the dealer would call a low value item in their eyes. It's come as a trade in off a genuine farm and the farmer has the nozzles in a bag somewhere when he winterised it.
Dealer has just moved it on and assumed gwo. Probably never been looked at.

Then the words, 'sold untested, no warranty implied or given.' Then the buyer knew the risks.

But, it was sold in ' working order ' so all the legal implications relating to those words imply.

As it is, the real issue is the sharp practice of the seller, and if a dealer, they should be ashamed of themselves.
 

neilo

Member
Mixed Farmer
Location
Montgomeryshire
I’ll ‘name and shame’ a dealer the other way round. I bought a ‘mature’ SP sprayer from Edwards & Farmer 3 years ago. I had been over it and listed a few things that needed sorting out before delivery, which were all done, and they rang to ask which set of (new, flat fan) nozzles I’d like supplied with it.?

Maybe I paid to much.....?
 
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There was a Kuhn twin rotor rake for sale nearby which just said " working order ". I suppose if both rotors turn in the right direction it's working but it didn't sound as good as " good " or " perfect". Still got sold within hours
 
[QUOTE
Reading between the lines, it's what the dealer would call a low value item in their eyes. It's come as a trade in off a genuine farm and the farmer has the nozzles in a bag somewhere when he winterised it.
Dealer has just moved it on and assumed gwo. Probably never been looked at.
I may have the wrong person (could go back and check) but a year or so back you said some stuff sold at Cambridge auctions is sold in working order, so must be working, and complete, and able to go to work with just a grease up, so there must be a excepted rule to working order written somewhere.
 
Would a ageing secondhand sprayer not be needing any existing nozzles replacing soon anyway? Unlikely to be a set on there without a good bit of age/wear anyway. Those that have posted only leaving one set in triple bodies wouldn’t be removing the oldest/cheapest either I suspect.

But yes, I’d expect a set in there, even if they hadn’t much life left in them.

This is what I was going to say. A second hand sprayer coming from an indifferent home probably has the wrong kind fitted or they are borked anyway.
 

steveR

Member
Mixed Farmer
Whatever the small print or the ifs and maybes it sounds to me like the seller is pulling a fast one and needs naming and shaming IMO.
If I bought a sprayer that was sold as in working order I would expect it to be ready to spray a crop. It is up to me whether to check, change or renew the nozzles, the seller in this instance is well out of order and he knows it.

Totally.

I bought a 2nd hand sprayer from the late Robert Davies, found a couple of small issues that he could not have known about until the sprayer was filled, sorted with a phone call, replacement bits 48hrs later.

The OP should have the same level of service from the Seller. Trades Descriptions* is I agree, the way forward if they are messing around...

Or whichever teh legislation that covers B2B sales.
 
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steveR

Member
Mixed Farmer
Reading between the lines, it's what the dealer would call a low value item in their eyes. It's come as a trade in off a genuine farm and the farmer has the nozzles in a bag somewhere when he winterised it.
Dealer has just moved it on and assumed gwo. Probably never been looked at.

Spot on Dave (y)

So Mr Dealer makes a call to the original owner and sends Jack the Lad saleman out to collect said bits... not ignore the purchaser and deny any responsibility.

I always say, mistakes happen, it's how they are resolved that may counts.
 
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Dave W

Member
Location
chesterfield
[QUOTE

I may have the wrong person (could go back and check) but a year or so back you said some stuff sold at Cambridge auctions is sold in working order, so must be working, and complete, and able to go to work with just a grease up, so there must be a excepted rule to working order written somewhere.
York operate a gwo system.
Cambridge is very much pot luck
 

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