Faulty Item sold on sale won't replace...

yangptangkipperbang

Let us know the results of the Court case..................:rotfl::rotfl::rotfl:

somethingcorporate

kevinb5555 wrote: »

Firstly we dont actully know how much the repair will cost so it is wrong to assum that it would be cheaper. Secondly not correcting you just asking if the OP purchased the extra equipment after the sale of the orginal goods, why would then the retailer be responsible due to fact this would be impossible for them to ever factor this in to a sale

Are you saying that a repair on a £350 camera would cost more than £350? I very much doubt that.

The retailer wouldn't be responsible for it as per the point I made in my post.

bris

malchish wrote: »

You can sue for damages under contract law. The vontract was to supply the functuoning camera. They are in breach of contract.
If you can reasonably prove that the camera is faulty, you can sue for replscement cost, or for the original cost plus the cos of noe useless attachments that you bought.
Small claims matter, all chances are that they will pay well before the court, just after letter before action from you.

It is not very well known that you can choose contract law , not sales of goods act.

Looks like rainbow has got another account......

Equaliser123

malchish wrote: »

It is not very well known that you can choose contract law , not sales of goods act.

Oh dear.

Sale of Goods Act (and all related law) is part of contract law.

societys_child

On another thread, someone accused malchich of posting rubbish advice. I thought that's a bit harsh. Sometimes I'm wrong . . .

Hintza

OP I really only have experience of Canon's repair service.

Search the manufacturers website and find who their authorised repairers are, then contact them. In many instances you don't even need to talk to the manufacturer if you have your receipt.

If in any doubt have a word with AJ Johnstone in Glasgow and if they can't help they should be able to point you in the right direction.

malchish

Equaliser123 wrote: »

Oh dear.

Sale of Goods Act (and all related law) is part of contract law.

oh dear, exactly. There is an article is SOGA stating that nothing in the SOGA stops the consumer from using the contract law instead. Read before you accuse. Feel free to provide the number of this article, that way I will know that you have read it finally.

If item 1 is a part of item 2, it does not equal that item 2 is part of item 1! Recollect some logic!! Soga is part of contract law, but contract law is NOT part of SOGA, therefore contract law can indeed offer options that SOGA won't provide. SOGA is more limited.
When damages are greater than a sum of a refund, it becomes important.

malchish

George_Michael wrote: »

And part of the agreed contract (agreed by both the seller and the buyer) would probably be that there will be a guarantee of some sort covering the goods.
This guarantee would form part of the contract (after all Malchish, surely you would agree that a contract is binding on all parties who agreed to it), and if this guarantee stipulated that in the event of the goods failing, either a repair, replacement or refund would be given, how can there be a breech of the original contract?

I would agree that parties are both bound... but have you read their contract? Very often seller do not bother to put this in their t&c (with the intention to protect themselves...)

I have heard about breech babies, but breach of contract stems from the word "to break". I hope at least this info from me you will find of help, if you do not believe the other.

Equaliser123

malchish wrote: »

oh dear, exactly. There is an article is SOGA stating that nothing in the SOGA stops the consumer from using the contract law instead. Read before you accuse. Feel free to provide the number of this article, that way I will know that you have read it finally.

If item 1 is a part of item 2, it does not equal that item 2 is part of item 1! Recollect some logic!! Soga is part of contract law, but contract law is NOT part of SOGA, therefore contract law can indeed offer options that SOGA won't provide. SOGA is more limited.
When damages are greater than a sum of a refund, it becomes important.

Yikes.

I have read. A fair amount. 3 years of a Bachelor of Laws Degree, Diploma in Legal Practice, 2 years as a trainee solicitor and 16 years as a commercial lawyer.

SoGA is a codified section of contract law. It relates to the law of contract. End of.

It has been around since 1893 when it was introduced to regulate a lot of unregulated trading activities carried out by merchants.

The rights under SoGA are not tortious in nature. They are not arising as a result of a breach of statutory duty. They exist in contract.