Advice re a grade product please

lumilight

i bought from Musthaveit.com an electric heater Bionaire. After several fuses blowing & 2 months after getting it the heater packed in completely and doesnt work. The company will not repair or exchange as they are saying it is over 30 days guarantee (as states on their website apparently). The box iteself & guarantee card states 3 years warranty and to be taken up with the supplier if anything happens within 3 years. AS they are refusing to doanything I contacted Trading standards who have examined the item and say it is faulty. I have now been on to the manufacturer who are saying as it was a graded item it is not covered thats why they reduce the price!!!! Apparently as a consumer I have 3 years at least for an item to be replaced repaired, but nobody will do anything. Please can you advise what I should do next. Surely just because an item is classed as graded they say its new but may have a sratch on it. i should be covered if it just stops working.

4743hudsonj

hes right, if u have a report from when it was examined that may help despite it being the retailers responsibility to prove faultyness for the first 6 months. section 75 of the credit act would apply if you used a credit card. appart from that, just read section 14 of the sale of goods act and you will understand your rights. send the head office a formal complaint letter quoting some of section 14 and tell them it is their responsibility to repair or replace as the product is not a satisfactory quality and give them 10 days to reply. if they dont then issue small claims proceedings or if they deny liability. make sure you send the letter recorded and keep a copy as proof.

DO NOT just issue small claims without writing as a judge may just refuse your case as you have not yet tried "alternative dispute resolution" ie a letter. this would waste your time and money.

regards josh

williham

I thought products that aren't new aren't covered with the normal guarantees...

lumilight

Just had the manufacturer on the phone to say that they have nothing to do with the item once they sell it on as a graded product and that I need to take it up with the supplier!!!! So back to square one again as supplier doesnt seem to be budging on his 30 day guarantee.!!!!

isplumm

Hi,

So is it 2nd hand? Did you know that when bought?

I would do as 4743hudsonj suggests ... send recorded delivery letter to supplier, quoting relevant sections of SOGA, giving them 14 days to provide suitable solution.

Send copy to HO as well.

Mark

phlogeston

williham wrote: »

I thought products that aren't new aren't covered with the normal guarantees...

Implied term about quality
(1) In section 14 of the [1979 c. 54.] Sale of Goods Act 1979 (implied terms about quality or fitness) for subsection (2) there is substituted—
“(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.
(2C) The term implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory—
(a) which is specifically drawn to the buyer’s attention before the contract is made,
(b) where the buyer examines the goods before the contract is made, which that examination ought to reveal, or
(c) in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.”

There is NO mention that the goods have to be new. SOGA applies whenever a consumer makes a purchase from a business.

The questions is, were the goods of satisfactory quality.

The blown fuses indicate a pre-existing electrical problem and the item has finally failed within 3 months.

A good case for repair or replacement (or failing that, a refund).

So, put complaint in writing to head office. If no joy, start small claim.