Sale of goods act, etc

[yourbestfriend]

Ok i have gone to the DTI and citizens advice bureau and here is what THEY say about the sale of goods act.

In first 6 months it is the retailers/manufacturers agents who has to prove that a fault with a product they sold was not caused by them/manufacturing process.. if infact is un-deniable that its a manufactural fault then they should offer a repair or replacement.

After the 6 months and upto 6 years (5 years scotland) the onus is on the consumer to prove it was not themselves or their use that caused the fault. If it is proved to by be unfit for purpose due to manufacturing process then the retailer/manufacturers agent has to arrange a repair/replacement.

The retailer/manufacturers agent can get issues sorted within reasonable time. This is not stated in the SOGA but retailers have their own policies. Some can take upto 3 months, some like PCworld have a 28day in the first year and 42 day after first year.

Also this does not mean that everything you buy, a tin of beans, PC or beer is suppose to last 6 years. You mayhave purchased a tin of beans but it is only acceptable to claim withing the 'Use By date' on the tin if unsatisfied. With PC's this does NOT mean you have a claim because it doesn't play the top graphics game in 6 years time because at purchase you asked it to play top games. If it cannot handle the software designed and sold at the time of purchase then you MIGHT have a claim.

Most retailers have special agreements with manufacturers where the retailers become "manufacturer agents" HP and Lexmark have this agreement with PCWorld where the manufactuer prefers to deal with consumers for repairs and exchanges directly. By being manufactuer agents the onus on repair or replacement falls back to the manufacturer not the retailer.

Retailers also have the right to use external repairers to get items fixed or repaired if it is in benefit of the consumer. So where PCWorld have asked consumers to phone the manufacturer it is because in-store it could take upto 28days to sort out the issue, but by using the manufacturer direct the consumer can get the issue sorted faster.
Ofcourse the consumer is within their right to refuse this option and leave it with the retailer to deal with. but that could take longer

[rosiecotton]

Pretty much what we all say about it then

One thing to note is that it is generally preferable to go via the retailer and not choose to go to the manufacturer yourself, as you could actually lose your SoGA rights if you pursue the matter under a manufacturer's warranty. If you were to do so on the advice of the retailer, you could obviously argue that you were acting in accordance with their advice - but always get this confirmed in writing in case of any future disputes.

Basically rights under the SoGA depreciate over time, and it does not cover faults which are attributable to normal wear and tear or something that the consumer has done to the product. I would also add that consumers cannot generally have betterment, i.e. a brand new replacement after a couple of years use of the old one.

Goods purchased under Hire Purchase agreements are not covered by the Sale of Goods Act, there is different legislation for this and you do not have a contract with the retailer, but the finance company.

[reefer]

I bought a Topfield TF5800 STB about 18 months ago from Heathrow Systems (subsiduary of Turbosat). There is no mention on the box, in the manual or on the receipt that at time of purchase it was only 1 year warranty. However, they say that in February this year it was changed to 2 years. It appears that one of the tuners has failed. Would it be possible to insist on a repair as at the moment they are denying responsibility? After all by extending the manufacturers warranty period for an identical product the manufacturers are acknowledging that the product should last for at least 2 years and there is no mention in any of the documents in my possession of it being only 1 year at the date of purchase. This was bought brand new and I still have the box and all documentation.

Any help would be appreciated.

[gyzmo]

Originally Posted by yourbestfriend

Ok i have gone to the DTI and citizens advice bureau and here is what THEY say about the sale of goods act.

In first 6 months it is the retailers/manufacturers agents who has to prove that a fault with a product they sold was not caused by them/manufacturing process.. if infact is un-deniable that its a manufactural fault then they should offer a repair or replacement.

After the 6 months and upto 6 years (5 years scotland) the onus is on the consumer to prove it was not themselves or their use that caused the fault. If it is proved to by be unfit for purpose due to manufacturing process then the retailer/manufacturers agent has to arrange a repair/replacement.

The retailer/manufacturers agent can get issues sorted within reasonable time. This is not stated in the SOGA but retailers have their own policies. Some can take upto 3 months, some like PCworld have a 28day in the first year and 42 day after first year.

Also this does not mean that everything you buy, a tin of beans, PC or beer is suppose to last 6 years. You mayhave purchased a tin of beans but it is only acceptable to claim withing the 'Use By date' on the tin if unsatisfied. With PC's this does NOT mean you have a claim because it doesn't play the top graphics game in 6 years time because at purchase you asked it to play top games. If it cannot handle the software designed and sold at the time of purchase then you MIGHT have a claim.

Most retailers have special agreements with manufacturers where the retailers become "manufacturer agents" HP and Lexmark have this agreement with PCWorld where the manufactuer prefers to deal with consumers for repairs and exchanges directly. By being manufactuer agents the onus on repair or replacement falls back to the manufacturer not the retailer.

Retailers also have the right to use external repairers to get items fixed or repaired if it is in benefit of the consumer. So where PCWorld have asked consumers to phone the manufacturer it is because in-store it could take upto 28days to sort out the issue, but by using the manufacturer direct the consumer can get the issue sorted faster.
Ofcourse the consumer is within their right to refuse this option and leave it with the retailer to deal with. but that could take longer

NO NO NO NO NO!!!! The seller in all cases is responsible. Jees, how many times does this have to be gone through? Any remedy must be proprotionate and reasonable compared to the others, and the consumer cannot demand a refund where a repair is more suitable, for example.

It is not acceptable for a shop to tell the customer to call the manufacturer or some repairline - it is the sellers job to sort it all out. And as for reasonable time, there is no fixed figure - it is for a court to decide what is reasonable.

If I didn't know better, I would say the OP is a certain someone....

[Bookworm]

Well, he is, Gyzmo, but that post goes back to March 2007.

[patdavies]

Originally Posted by gyzmo

NO NO NO NO NO!!!! The seller in all cases is responsible. Jees, how many times does this have to be gone through? Any remedy must be proprotionate and reasonable compared to the others, and the consumer cannot demand a refund where a repair is more suitable, for example.

It is not acceptable for a shop to tell the customer to call the manufacturer or some repairline - it is the sellers job to sort it all out. And as for reasonable time, there is no fixed figure - it is for a court to decide what is reasonable.

If I didn't know better, I would say the OP is a certain someone....

Calm down dear. It's only a troll

(with apologies to Esure/Michael Winner)

[demon_x_slash]

The thread was bumped by reefer. Reefer, you need to start your own thread and read around this forum for advice on the Sale of Goods Act - and Heathrow Systems is your first point of call to arrange a repair.

[gyzmo]

Sorry - I got caried away! don't read dates on these things!:o