Brand new sofa in clearance - Without Warranty?

jj2579

Hi MSE Forum

I was just hoping for some advice on a sofa I have just purchased from Natuzzi.

I bought a brand new sofa from the clearance section and was informed that the sofa was new and probably part of an order which did not proceed and it had very minor cosmetic damage but otherwise was fine.
The salesperson then proceeded to tell me that this would not be covered under the Natuzzi warranty as it was in clearance and therefore sold as seen.

She then proceeded to fill in the sales contract and then cross out the back page with the t & c and then wanted me to sign a waiver that I agreed to accept the sofa with the damage and it was sold as seen. I then signed this but only after adding into it that the damage was minor cosmetics.

Having listened to MSE Martin for many years, I did not think this was correct as goods have to be of satisfactory quality and fit for their purpose. I did not want to get into a discussion with the salesperson about the veracity of this statement but did say to my husband that if we discovered a fault with the sofa they would have to repair it.

However I am now seeking some piece of mind and just wanted to know if I am correct and I am entitled to a repair if the sofa develops a fault or if they are correct and I am waiving my rights as it is a clearance item.

Many thanks in advance for any advice!

crazyguy

I dont think they can refuse you any rights over any faults, could be an idea to photograph the sofa and highlight the damaged area and then keep this for future reference, if then at some point an arm falls off you should be within your rights to use the sale of goods act or what ever its called.

shaun_from_Africa

The rights that a consumer has when buying goods from a trader are referred to as "Statutory Rights" for a good reason. They are given by virtue of a written law and no retailer has the right to deprive a buyer of these rights even if the buyer agrees. (about the only exception to this is do with the cooling off period for services).

This is clearly stated in the "Unfair Contract Terms Act 1977" (section 6)

(2)As against a person dealing as consumer, liability for breach of the obligations arising from—

(a)[F3section 13, 14, or 15 of the 1979 Act](sellers’s implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose);

cannot be excluded or restricted by reference to any contract term.

And section 14 of the SOGA is the bit that states that goods sold must be of satisfactory quality, fit for their purpose & durable.

arcon5

A warranty is something offered in addition to your statutory rights so they do not have to sell you the item with this.

They can also sell you the sofa 'as seen' -- meaning you cannot go back and expect them to repair the cosmetic damage which you was advised of at the time of purchase.

But as others have said, if a default developes which would be deemed as inherent then you would be covered by SOGA.