Let me just caveat - I'm still half asleep. Someone please correct me if I've stumbled anywhere...
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Originally Posted by techboy11 Secondly where do I stand with guarantees and warranties. I have bought the goods off a company so everything will be in my name, how do I transfer everything into the consumers name or do I just give them the warranty that I had and invoice them with the cost of the product? Is the invoice proof enough that goods have been changed hands and that the product is now theirs?
If the warranty is for six months does that mean that after six months the consumer can no longer come back to me with any faults? |
The Sale of Goods Act will apply differently to each individual customer's situation.
Generally speaking though, the 'six month rule' is that if the product develops a fault within the first six months, it is assumed to be an inherent fault, and the buyer can rescind the contract or receive reparation.
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(3) For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.
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The Sale of Goods Act, however, doesn't just 'cut off' at six months - you are still liable as a seller for refunding, repairing or replacing a product that proves to be of insufficient quality, or not fit for the purpose for which it was bought.
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14. Implied terms about quality or fitness
(1) Except as provided by this section and section 15 below and subject to any other enactment, there is no implied term about the quality or fitness for any particular purpose of goods supplied under a contract of sale.
(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.
(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.
(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—
(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
(e) durability.
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If the fault was not caused by accidental/customer damage, and the product could be reasonably expected to last longer or perform better, you as the seller may still be liable to repair, refund or replace the product. Factors used to define reasonable may include price, advertised lifespan, a professional brand's reputation, and so on. You may have the faulty product tested to determine the cause of the fault and any possible liability before you decide which action to take.
If you are serious about this, please buy/borrow a book or two on the subject, and take a look around the retail:PCWorld/Currys etc. forums - you could find yourself on the wrong end of a civil court case or two if you get this wrong.