SOGA consequential loss

shocky_2

An acceptable failure rate depends on the circumstances. The goods must be of satisfactory quality. A failure rate of 3% would be unacceptable for most things, but might be acceptable for cheap or experimental goods.

If the failure rate means the goods are not of satisfactory quality, and the failures are sufficiently serious, then the buyer can terminate the contract and return the goods. But if the defects are very minor he can only return the faulty goods.

Seller cannot pass responsibility to his supplier.

You need to be careful to act fast, as once you have had a reasonable opportunity to inspect the goods you will be deemed to accept them. You also need to inspect the seller's terms of business which may well modify SOGA.

The safest thing would be to just return the faulty goods.

Jakg

For reference - the average failure rate on laptops sold in the UK over the first 12 months is ~2%