Sale of Goods Act and Supply of Goods and Services Act
Please note that Artisan Furniture, operated by Global Vision Direct Limited, only engages in Business-to-Business (B2B) transactions.
Consumer Protection in Canada
In Canada, the Consumer Protection Act provides extensive rights for consumers but does not apply to B2B transactions. Under this act, a ‘consumer’ is defined as an individual purchasing goods or services for personal use, not for business purposes. Hence, businesses purchasing goods from Artisan Furniture are not covered by these consumer protections.
Sale of Goods Act (SGA)
The Sale of Goods Act (SGA) in Canada regulates the sale of goods where specific terms are not explicitly outlined in the contract. This act implies certain conditions and warranties in every sale contract, including that goods must be:
- Of merchantable quality: fit for the ordinary purposes for which such goods are used.
- Fit for purpose: suitable for any specific purpose that the buyer has communicated to the seller.
However, these implied terms can often be excluded or modified by express terms in a B2B contract. In B2B transactions, it is crucial that both parties clearly outline their terms and conditions to avoid any reliance on the default protections provided by the SGA.
Supply of Goods and Services Act
The Supply of Goods and Services Act applies similarly, implying terms regarding the quality and fitness for purpose of goods and services supplied. These terms can also be overridden by specific contractual terms agreed upon by the parties involved in a B2B transaction.
Key Points for B2B Transactions
- Contractual Terms: In B2B transactions, the agreed terms and conditions are paramount. These terms may limit or exclude liability and should be reviewed carefully.
- Liability and Returns: There is no automatic right to a refund in B2B transactions unless specified in the contract. The Sale of Goods Act and the Supply of Goods and Services Act may only apply if the terms are deemed unfair by a court.
- Implied Terms: The SGA and Supply of Goods and Services Act include implied terms related to the description, quality, and fitness for purpose of goods, but these can be excluded or limited by the contract terms.
- Exclusions and Limitations: Specific exclusions or limitations to liability under these acts must be clearly stated in the contract to be enforceable in a B2B context.
In summary, for B2B transactions with Artisan Furniture, the terms and conditions set forth in the contract govern the relationship, as the protections offered under consumer laws do not apply. It is essential to ensure all contractual terms are clearly defined and agreed upon to avoid any misunderstandings or disputes.
If you have any further questions or need additional information, please feel free to reach out.
For more detailed information on these regulations, you can refer to the Sale of Goods Act on the Ontario Government website and other resources available on CanLII.