scs sofa dispute

gazpacho_uk

regency_man wrote: »

Just get your story straight though. You mentioned claiming against their "10 Year Warranty" which they have demonstrated specifically does not cover slits and tears - so if you admit it was your fault through everyday use and try to claim against this warranty you are walking down a dead-end most likely. It's their warranty, their Ts&Cs.

Unholy angel is referring to your legal rights under the Sale of Goods Act - which would again be invalidated if you say that you caused the damage.

Your best recourse here would be to say that you have, after several weeks, noticed a defect that you had not seen previously and believe this to be a manufacturing or installation defect. It is then, as mentioned, their burden of proof to prove otherwise.

If the 'slit' is as I am imagining it (as opposed to a tear), a very precise well-defined slice into the fabric, that could not have been caused by anything other than a sharp blade, then mention this - and state that you are not in the habit of placing bladed objects on or anywhere near the sofa.

thanks for that ...... i will go that route !

unholyangel

regency_man wrote: »

Just get your story straight though. You mentioned claiming against their "10 Year Warranty" which they have demonstrated specifically does not cover slits and tears - so if you admit it was your fault through everyday use and try to claim against this warranty you are walking down a dead-end most likely. It's their warranty, their Ts&Cs.

Unholy angel is referring to your legal rights under the Sale of Goods Act - which would again be invalidated if you say that you caused the damage.

Your best recourse here would be to say that you have, after several weeks, noticed a defect that you had not seen previously and believe this to be a manufacturing or installation defect. It is then, as mentioned, their burden of proof to prove otherwise.

If the 'slit' is as I am imagining it (as opposed to a tear), a very precise well-defined slice into the fabric, that could not have been caused by anything other than a sharp blade, then mention this - and state that you are not in the habit of placing bladed objects on or anywhere near the sofa.

Although I do agree with your post overall, the bit highlighted isnt necessarily true. It is possible for a consumer to effectly cause the damage but not be responsible for it (it sounds strange i know but i'll explain in a second).

The term we usually say on here is "if the fault is inherent and not caused by misuse or wear and tear". The key word there is misuse. If you have damaged something using it as it was intended to be used.....it may very well be covered under not fit for purpose or not of satisfactory quality.

If the OP has damaged the sofa simply by sitting on it (providing he hasnt had any sharp objects in his pockets of course) then personally I wouldnt say this invalidates their rights under SoGA. If they had been cutting wrapping paper on the sofa and the slit had occured then, then obviously the fault would not be inherent.

But, as with all complaints....he is better putting it forward to them first to see if they will remedy the situation before gearing himself up for a fight. Good customer service does still exist and its always better to find out the retailers response before going in guns blazing. I had a situation with comet recently and after putting my complaint in writing via email, received 10% off as a goodwill gesture.

Its something thats all too easy to forget being a member of this board, since a large percentage of posts is about retailers trying to dodge their responsibilities.