Who chooses refund or repair? Sale of goods act

Tiny_Tiger

Key cutting shop - new key didn't work - I since found a couple of copies I'd already got so asked for a refund instead of repair. They only offered a repair/ new key.

My question - is the method of reperation the choice of the customer or the supplier, according to the sale of goods act?

neilmcl

Not this one again. It sounds like you've rejected the key within a reasonable time, I'm assuming you went back to the shop shortly after finding out it didn't work. In which case you are entitled to a full refund.

Outside of this period the general rule is you can't insist on a remedy that is disproportiately costly than any other (and as long the remedy doesn't cause a significant inconvenience), so if the retailer decides a repair is cheaper than providing a replacement then so be it. It goes without saying if you don't like this you can always take the small claims route and let a judge decide, however in your case are you really going to do this over a price of a key cut.

Tiny_Tiger

Thanks.

Yes, rejected within three days.

The reason I ask, though, is it wasn't clear to me if the retailer offered one of the three solutions whether I was obliged to accept it, or whether it was my choice which solution was used. "The boss doesn't allow that" was the answer given.

Too is the issue that it is only about a tenner - so I'm not going to lose any sleep over it. I tried to make it easy by asking for the price to be knocked off a pair of shoes to be repaired.

I've still got the duff keys, as I didn't take the original for a new one to be done, so I won't lose anything to try my luck when I return to pick up my shoes - "The boss had better read the sale of goods act"... "Trading Standards will be interested".

4743hudsonj

well the right to reject is actually separate under the act to the right to a remedy as you are thinking.


And nobody actually has a choice in the remedy. Providing the remedy is economical as such.

So if your offered a repair, you can request (not demand) a refund, which IF is economical and not disproportional costly then you are entitled to have.

Most retails will say that its their choice but nowhere in the act does it say this and in reality, nobody has a right to choose (merely negotiate) apart from a district judge. But in reality, if your offered a remedy, your not going to argue (if its the first time) and mess around with small claims for something so petty. So in most cases, in real terms, retailers do make the choice.

Tiny_Tiger

Thanks.

I was thinking on this further and my mind wandered down the thought that in common law (as opposed to statute) it would be viewed as breach of contract. However, the remedy is any that leaves me no worse off than the contract agreed - ultimate fullfillment of the contract being the best way.

As statute doesn't make any explicit statement as to who chooses then I guess common law would kick in to decide. Therefore your comment about a judge deciding - I'm not that petty, nor do I think I'd win!!

As its just a couple of keys and its no skin off my nose, I think I'll just accept his offer and move on. However, it got me thinking and may be useful for the future. The thing is, you don't know until you're faced with a retailer - and I'm not much of a negotiator naturally.

I think it was just his unhelpful attitude that got me annoyed!!!

Thanks everyone - I hope it helps others who search for this question.:T

4743hudsonj

As you say it wouldnt be practical for your case, but when i used this argument for my £900 laptop and my sister £400 net book, its a much more serious breach and things like this are worth arguing. Happily i won both cases without going to court as i could provide solid statute that i actually understood.

Its one thing reading statute, another thing understanding it. Something that takes a while. You need to understand it to hold your own and actually construct a decent argument.

pinkshoes

If you hadn't found your other keys, you'd still need one, so would have no doubt accepted the replacement, so on this basis, I think the replacement is fair and you should accept it.