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Returning cut fabric with defect - SOGA?


kateandpete
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I have recently bought 12m of fabric to make curtains. The fabric was discounted as end of line but not labelled as faulty/seconds etc. I have the receipt and made the purchase one week ago. After cutting the fabric into 3m sections for my curtains I have noticed a fault in the middle of one of the drops. This will be fairly obvious in the finished curtains.

 

My thoughts are that I was sold the fabric as suitable for making curtins and free from defects. This is not the case. I have proof of purchase within a short time period and the flaw is clearly a manufacturing defect and as such was present at the time of purchase. It seems likely to me that this does not comply with the sale of goods act and i should be able to expect refund/replacement.

 

The company state that I have cut the fabric and as such am deemed to have accepted it. Is this true? What if the defect was not visible but caused a problem after a week or two? Am I really expected to have unrolled the full 12m looking for defects in a piece of fabric sold to me as without such? They also state that as it was already heavily discounted they cannot offer any furthur reduction etc. Is the initial reduction really relevent when the fabric can be shown to be faulty?

 

I'd really appreciate any help. I'm happy to keep the material but it does change how much I'm happy to have paid for the end result.

 

Thanks in advance

 

Any help would be hugely appreciated.

NatWest Charges: £3708.81. Allocated to fast track 14/10/06. *SETTLED IN FULL* 23/10/06 5% donation made

 

HSBC Default Removal and £186 charges: N1 claim issued 28/11/06 *WON* 28/02/07 5% donation made

 

Egg Charges: £370. N1 claim issued 24/11/06. *SETTLED IN FULL* 12/01/07 5% donation made

 

Natwest Student: £150. N1 claim issued 24/11/06. *SETTLED IN FULL* 10/12/06 5% donation made

Natwest Credit card: £317.01 INCLUDING CONTRACTUAL INTEREST, *WON* 30/11/06 5% Donation Made

 

Ikano Data Protection Act deception and non-complience: N1 claim issued 28/11/06. *SETTLED IN FULL* 12/12/06 5% donation made

I am not a lawyer. All advice is merely my own opinion. Nevertheless, I've won £4675 so far!

Tip my scales if you like my advice :)

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Ah, that's interesting. I paid by credit card, but, presumably I'd still need to be able to show that they'd not complied with SOGA to legitimately chargeback? If they are right I have no basis to do so?

 

thanks

NatWest Charges: £3708.81. Allocated to fast track 14/10/06. *SETTLED IN FULL* 23/10/06 5% donation made

 

HSBC Default Removal and £186 charges: N1 claim issued 28/11/06 *WON* 28/02/07 5% donation made

 

Egg Charges: £370. N1 claim issued 24/11/06. *SETTLED IN FULL* 12/01/07 5% donation made

 

Natwest Student: £150. N1 claim issued 24/11/06. *SETTLED IN FULL* 10/12/06 5% donation made

Natwest Credit card: £317.01 INCLUDING CONTRACTUAL INTEREST, *WON* 30/11/06 5% Donation Made

 

Ikano Data Protection Act deception and non-complience: N1 claim issued 28/11/06. *SETTLED IN FULL* 12/12/06 5% donation made

I am not a lawyer. All advice is merely my own opinion. Nevertheless, I've won £4675 so far!

Tip my scales if you like my advice :)

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Hi Kate

 

I would speak to your Credit Card Company and see what they say, as long as you explain everything fully as you have done below I'm sure they will consider the

matter. It's difficult to spot manufactuer defects at first glance.

 

Ah, that's interesting. I paid by credit card, but, presumably I'd still need to be able to show that they'd not complied with SOGA to legitimately chargeback? If they are right I have no basis to do so?

 

thanks

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You Loes the right of rejection when you modified the goods for your purpose. I agree this sucks, but if the seller is to seek reeds from th supplier, he needs to supply it in a similar condition, not cut or modified. A s75 chargeback is also unlikely unless he material cost more than £100.

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A buyer's acceptance of goods is not a negation of the need for goods to conform to the contract, to be as described and fit for for purpose!

 

Here is a pdf of version of the SOGA: http://www.legislation.gov.uk/ukpga/1979/54/pdfs/ukpga_19790054_en.pdf

I suggest to search for "accept" to see for yourself what the relevant terms are.

 

Section 35 applies to acceptance in particular: http://www.legislation.gov.uk/ukpga/1979/54/section/35

 

The buyer must have "had a reasonable opportunity of examining ... ".

 

8)

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