Can a single item have an inherent fault?

damo24

Hi,

I have been a frequent customer of Ebuyer due to their low prices, high quality and excellent customer service but I think that I may now have an interesting dilemma.

In July of this year I purchased a brand new laptop which was working fine until last week when it began to act strange. Eventually on Thursday, it stopped recognising the hard drive. I ran some test using the hard drive manufacturer's own software and the drive was reported as being faulty. I should point out at this point that I am a computer technician by trade.

I contacted Ebuyer who said I had to return the laptop to them. They would then send it back to the manufacturer to have the hard drive replaced and then it would be returned to me.

I told the Customer Service Adviser that this was not acceptable and I was not willing to accept a repair on a laptop so new. I told him that I believed this to be an inherent fault as described in the Sale of Goods Act. The agent disputed this stating that for a fault to be inherent it had to effect a whole range or batch and not just one item.

I informed him I wanted a replacement laptop or (as they no longer stock the laptop) I wanted a refund. The assistant reluctantly agreed to this but did not mention it in the confirmation email I was sent.

The laptop is due to be sent to Ebuyer next week to be examined but in the mean time if anyone can help me I would like to know:

1. Can I demand a refund instead of a repair?
2. Does the term "inherent fault" have to apply to a range or batch or can it apply to one single item?

Many thanks in advance for your help.

Oliver14

It.s up to them if you get a refund or repair or replace. You can ask for one or the other but you have no rights for it.

As for inherrant fault yes a single item can have one but you would need to prove it with an independent engineers report that you would need to pay for.

unholyangel

Simple answers:
1. No
2. Single

Long answers:
1. If you out right reject the goods within a "reasonable" time, you can demand a refund. Once you are deemed to have accepted the goods, you can request one remedy over another (repair, replace or refund) but the retailer can refuse if disproportionately costly. If they do agree to a refund, any refund can be partial to take into consideration use you have had of the goods. Replacements dont need to be the exact same model but can be on a "like for like" basis. So yes, they can refuse your request for a refund or replacement if a repair is cheaper. I think a week maybe 2 at the maximum would be "reasonable time" for a laptop.


2. Inherent means the fault was there when it was manufactured or due to the way it was manufactured (even if it wasnt apparent at the time of sale). Or in other words, it hasn't occurred due to misuse or natural wear and tear. In the first 6 months after purchase, the fault is assumed to be inherent and it is up to the retailer to prove otherwise. After that initial 6 month period, the burden of proof reverses and it is up to the consumer to prove the fault was inherent.

wealdroam

Oliver14 wrote: »

...you would need to prove it with an independent engineers report that you would need to pay for.

But as the sale is less than six months ago, the fault is assumed to be inherent.
It is for the retailer to prove otherwise.

Hermione_Granger

Oliver14 wrote: »

As for inherrant fault yes a single item can have one but you would need to prove it with an independent engineers report that you would need to pay for.

How many times will you get your interpretation of the law wrong?
Quite ironic considering the following quote.

Oliver14 wrote: »

Oh no someone quoting legislation they don't understand again.

damo24

Thanks for the advice everyone. Just so I've got this all clear, as I am a computer technician and I have used the hard drive's manufacturer's tools to confirm that the hard drive is faulty it is down to Ebuyer to prove it is NOT an inherent fault even though it is only effecting one product that they sold.

Once they confirm that there is a fault it is down to Ebuyer as to whether they repair, refund or replace it. If they replace it, it has to be with a model of a similar specification even if it isn't the same model. Finally, if they refund it they can discount the refund for the time I've had it.

If they decide to discount the refund is there any set pattern or amount they can discount?

Can anyone point me in the direction of an official publication or web page that details my exact rights in case there are any issues?

shaun_from_Africa

Can a single item have an inherent fault?

An inherrent fault could well affect all the items in a batch if a component was manufactured with a defect, or it could just as easily affect one single item due to something as simple as a dodgy solder joint.

Can anyone point me in the direction of an official publication or web page that details my exact rights in case there are any issues?

The Sale of goods act 1979 covers what you need to quote.


F3948A 

(1)This section applies if—

(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and

(b)the goods do not conform to the contract of sale at the time of delivery.

(2)If this section applies, the buyer has the right—

(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or

(b)under and in accordance with section 48C below—

(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or

(ii)to rescind the contract with regard to the goods in question.

(3)For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

(4)Subsection (3) above does not apply if—

(a)it is established that the goods did so conform at that date;

(b)its application is incompatible with the nature of the goods or the nature of the lack of conformity.

vicmorrow

As you are a computer technician I am a little surprised that you've not come across premature hardware failure and the resulting outcome from the seller.

bris

damo24 wrote: »

Thanks for the advice everyone. Just so I've got this all clear, as I am a computer technician and I have used the hard drive's manufacturer's tools to confirm that the hard drive is faulty it is down to Ebuyer to prove it is NOT an inherent fault even though it is only effecting one product that they sold.
Yes, although as you only bought it in July they will offer you a remedy that suits them.

Once they confirm that there is a fault it is down to Ebuyer as to whether they repair, refund or replace it. If they replace it, it has to be with a model of a similar specification even if it isn't the same model. Finally, if they refund it they can discount the refund for the time I've had it.
They can't put ou in a worse position so any exchange must be same or better.

If they decide to discount the refund is there any set pattern or amount they can discount?
There is no set pattern, but in the short time you have had it, they would have a cheek to take anything from it, if so it wouldn't be much.

Can anyone point me in the direction of an official publication or web page that details my exact rights in case there are any issues
?Just google the sale of goods act for you rights but any problems the members here will help you further.

.............

unholyangel

http://www.legislation.gov.uk/ukpga/1979/54/part/5A

Specifically the part shaun quoted and also:

(1)If section 48A above applies, the buyer may require the seller—
(a)to repair the goods, or
(b)to replace the goods.
(2)If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
(3)The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—
(a)impossible, or
(b)disproportionate in comparison to the other of those remedies, or
(c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.
(4)One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—
(a)the value which the goods would have if they conformed to the contract of sale,
(b)the significance of the lack of conformity, and
(c)whether the other remedy could be effected without significant inconvenience to the buyer.
(5)Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—
(a)the nature of the goods, and
(b)the purpose for which the goods were acquired.


Reduction of purchase price or rescission of contract

 
(1)If section 48A above applies, the buyer may—
(a)require the seller to reduce the purchase price of the goods in question to the buyer by an appropriate amount, or
(b)rescind the contract with regard to those goods,if the condition in subsection (2) below is satisfied.
(2)The condition is that—
(a)by virtue of section 48B(3) above the buyer may require neither repair nor replacement of the goods; or
(b)the buyer has required the seller to repair or replace the goods, but the seller is in breach of the requirement of section 48B(2)(a) above to do so within a reasonable time and without significant inconvenience to the buyer.
(3)For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.

damo24

Thank you so much everyone for all of your help and pointers in the right direction with regards to the legal pages and quotes.

vicmorrow with regards to your comment I have previously encountered premature hardware failures (usually dead on arrival) and have always had fantastic service from Ebuyer which is one of the reasons I use them often. I have never had an issue where something has failed after a few months and then not being offered a refund straight away hence my checking of my legal rights.