Sale of goods act...etc etc
Discussion
Hi all
I know this subject has been discussed on many occasions but after looking at the SOGA website it still seems a bit grey to me!
General overview is as follows.
Sold a Hitachi 42" plasma to a guy in Feb 2006. Received a letter today [first communication since!] telling me ' it is not fit for purpose made known'.
They wish to reject the goods and 'claim a replacement as the item is not of satisfactory quality to the item being durable'
This, as I said, is the first I have heard of this. For all I know it might be installed in a commercial outlet and clocked up over 20000 hours.
Point is....At what stage is the product deemed as not being of 'satisfactory quality? I am fully aware of the 6 year rule but if that is the case why would any manufacturer eg Hyundai cars etc etc offer anything over and above the standard 12 month warranty?
Would appreciate any advice!
I know this subject has been discussed on many occasions but after looking at the SOGA website it still seems a bit grey to me!
General overview is as follows.
Sold a Hitachi 42" plasma to a guy in Feb 2006. Received a letter today [first communication since!] telling me ' it is not fit for purpose made known'.
They wish to reject the goods and 'claim a replacement as the item is not of satisfactory quality to the item being durable'
This, as I said, is the first I have heard of this. For all I know it might be installed in a commercial outlet and clocked up over 20000 hours.
Point is....At what stage is the product deemed as not being of 'satisfactory quality? I am fully aware of the 6 year rule but if that is the case why would any manufacturer eg Hyundai cars etc etc offer anything over and above the standard 12 month warranty?
Would appreciate any advice!
V8mate said:
Surely 'fitness for purpose' would be evident almost instantly? i.e. it picks up and displays broadcast channels.
Firmly reject his letter.
Not so fast... I got a replacement 42" plasma out of DSG and it was well out of warranty. For a TV take the purchase price and decrement one fifth of the amount per year of ownership if it can't be repaired.Firmly reject his letter.
HRG said:
V8mate said:
Surely 'fitness for purpose' would be evident almost instantly? i.e. it picks up and displays broadcast channels.
Firmly reject his letter.
Not so fast... I got a replacement 42" plasma out of DSG and it was well out of warranty. For a TV take the purchase price and decrement one fifth of the amount per year of ownership if it can't be repaired.Firmly reject his letter.
This guy is saying that after two years it's not fit for purpose. Completely different complaint.
V8mate said:
HRG said:
V8mate said:
Surely 'fitness for purpose' would be evident almost instantly? i.e. it picks up and displays broadcast channels.
Firmly reject his letter.
Not so fast... I got a replacement 42" plasma out of DSG and it was well out of warranty. For a TV take the purchase price and decrement one fifth of the amount per year of ownership if it can't be repaired.Firmly reject his letter.
This guy is saying that after two years it's not fit for purpose. Completely different complaint.
HRG said:
therealpigdog said:
sounds like a try on.
goods need to be rejected in a reasonable time - 2 years is not reasonable. tell him very politely to f
k off.
You're wrong too goods need to be rejected in a reasonable time - 2 years is not reasonable. tell him very politely to f
k off.
i would have thought "fitness for purpose made known" is something fundamental that could be determined at the point of sale, or soon thereafter (i.e. not after two years). if it has subsequently become faulty then it should be a warranty claim or similar.
after so long there isn't really the ability to reject (IIRC) if the OP can rectify the fault (i.e. by replacement or repair).
still think the OP should tell him to bugger off though.
I bought a £3k 42" plasma when they first came out (about 2003).
It stopped working mid 2006 and could not be repaired by the shop I bought it from as parts were no longer available.
Via Sales of Goods Act i got a full refund.
I argued that I could reasonably expect an item that was worth over £3k to last longer than 3 years.
It stopped working mid 2006 and could not be repaired by the shop I bought it from as parts were no longer available.
Via Sales of Goods Act i got a full refund.
I argued that I could reasonably expect an item that was worth over £3k to last longer than 3 years.
E31Shrew said:
Its 3 years by the way!
Ive just spoken to some Gov't department and he tells me that basically all items are covered 'for reasonable use' for up to 6 years! That means that everything I've sold in store since we opened is still under 'warranty' !!! Might as well pack up now!
Ive just spoken to some Gov't department and he tells me that basically all items are covered 'for reasonable use' for up to 6 years! That means that everything I've sold in store since we opened is still under 'warranty' !!! Might as well pack up now!
So some Govt busybody has decided that every TV ever made is reasonably expected to last 6 years?
b
ks.E31Shrew said:
Its 3 years by the way!
Ive just spoken to some Gov't department and he tells me that basically all items are covered 'for reasonable use' for up to 6 years! That means that everything I've sold in store since we opened is still under 'warranty' !!! Might as well pack up now!
Exactly - thats why I can't understand people that purchase extended warranties - you're already covered under Sales of Goods Act.Ive just spoken to some Gov't department and he tells me that basically all items are covered 'for reasonable use' for up to 6 years! That means that everything I've sold in store since we opened is still under 'warranty' !!! Might as well pack up now!
Yup, the rule of thumb is a TV should last five years (it's backed up by court cases), if not you can choose to repair it or replace it with a "like for like" set.
It's weighted in the consumers favour though as if your replacement offering is missing lets say a SCART input the consumer can reject your offering.
It's weighted in the consumers favour though as if your replacement offering is missing lets say a SCART input the consumer can reject your offering.
If he paid £1000 for the set, as he's 3 years in the maximum he can expect under the SOGA is £500.
He cannot demand a replacement however you may have a responsibility to fix it.
I say may because this is not cut and dried, at all.
Go and see him/it, see what the score is, he might have dropped it and is trying it on.
He cannot demand a replacement however you may have a responsibility to fix it.
I say may because this is not cut and dried, at all.
Go and see him/it, see what the score is, he might have dropped it and is trying it on.
BERR said:
In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).
Has the customer actually *proved* this? Or just made the statement in the OP.Is this particular brand of Plasma subject to any known faults or manufacturing issues?
Is a repair possible?
E31Shrew said:
Its 3 years by the way!
Ive just spoken to some Gov't department and he tells me that basically all items are covered 'for reasonable use' for up to 6 years! That means that everything I've sold in store since we opened is still under 'warranty' !!! Might as well pack up now!
Thats wrong.Ive just spoken to some Gov't department and he tells me that basically all items are covered 'for reasonable use' for up to 6 years! That means that everything I've sold in store since we opened is still under 'warranty' !!! Might as well pack up now!
You can make a claim in contract for damages up to 6 years after, that doesnt meant all goods have to last 6 years. It also depends on price and reasonableness how long an item should be expected to last.
Perishable goods ?!
Consumables ?!
Goldfish !?
Swilly said:
E31Shrew said:
Its 3 years by the way!
Ive just spoken to some Gov't department and he tells me that basically all items are covered 'for reasonable use' for up to 6 years! That means that everything I've sold in store since we opened is still under 'warranty' !!! Might as well pack up now!
Thats wrong.Ive just spoken to some Gov't department and he tells me that basically all items are covered 'for reasonable use' for up to 6 years! That means that everything I've sold in store since we opened is still under 'warranty' !!! Might as well pack up now!
You can make a claim in contract for damages up to 6 years after, that doesnt meant all goods have to last 6 years. It also depends on price and reasonableness how long an item should be expected to last.
Perishable goods ?!
Consumables ?!
Goldfish !?
HRG said:
Swilly said:
E31Shrew said:
Its 3 years by the way!
Ive just spoken to some Gov't department and he tells me that basically all items are covered 'for reasonable use' for up to 6 years! That means that everything I've sold in store since we opened is still under 'warranty' !!! Might as well pack up now!
Thats wrong.Ive just spoken to some Gov't department and he tells me that basically all items are covered 'for reasonable use' for up to 6 years! That means that everything I've sold in store since we opened is still under 'warranty' !!! Might as well pack up now!
You can make a claim in contract for damages up to 6 years after, that doesnt meant all goods have to last 6 years. It also depends on price and reasonableness how long an item should be expected to last.
Perishable goods ?!
Consumables ?!
Goldfish !?
Not like for like replacement.
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