Notice of Proposed Sale: Goods Repairs etc
This Notice of Proposed Sale: Goods Repairs etc is designed to be used when any goods (other than a vehicle, for which a separate form is included in this subfolder) is brought to you to carry out any work (e.g. repair, cleaning, alterations, servicing, maintenance, refurbishment, restoration) but where, after you have carried out the work, the customer fails to collect the goods or to give any instructions to you as to re-delivery of the goods to the customer. He may or may not have paid your charges for the services.
In those circumstances, even if you send any reminder(s) to your customer or you are unable to trace him, if he fails to get in touch and collect/arrange delivery of the goods, the law does not permit you to assume that he has abandoned the goods. You may not sell or otherwise dispose of them, and you have a legal duty not to deliberately or recklessly damage or destroy the goods.
You will not wish to be burdened with keeping the goods indefinitely, especially if they take up valuable storage space. Fortunately, to enable you resolve this situation, the Torts (Interference with Goods Act 1977 (“TIGA”) provides a special procedure whereby if you send notices pursuant to Section 12 of TIGA to your customer, TIGA gives you a right to sell the goods. You first have to send the customer the Notice to Customer to Collect Goods: Repairs (which you can also find in this subfolder) which imposes an obligation to collect the goods, and if he fails to do so, you then send him this Notice of Proposed Sale: Goods Repairs etc to inform him that you propose to sell the goods if he does not collect them. If he then fails to collect the goods, you may then sell the goods, subject to the relevant provisions of TIGA.
However, we strongly recommend that before you make any use of the Notice to Customer to Collect Goods: Repairs or this Notice of Proposed Sale: Goods Repairs etc, you carefully read the Guidance Note: TIGA (Torts (Interference with Goods) Act 1977 which explains in detail the circumstances in which you can make use of the power of sale given by TIGA, and how to make use of that power. It explains when and how you can issue notices to the customer and when and how you can subsequently sell/dispose of his uncollected goods.
Further template notices in this subfolder have been included to cover other situations where a business wishes to sell/dispose of customer’s goods which have not been collected by a customer. Those other situations are where a business has provided either (a) vehicle parking facilities; or (b) goods storage services; or (c) valuation or appraisal of goods; or (d) vehicle repairs.
Where a tenant has left any of his goods at premises after his lease/tenancy agreement has expired, and the landlord wishes to sell or dispose of those goods, see the equivalent forms of notice in our Property folder.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This Notice of Proposed Sale: Goods Repairs etc is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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