Screwfix / Sale of Goods act

PJV2098

Hello

I hope someone can advise me on my rights here.

I bought a £100 drill from Screwfix 31 days ago. As unbelievable as it sounds, I only opened the drill's box yesterday (I have moved house, and only now needed to use the drill).

When I opened the plastic carrier, the battery was missing. Drill yes, charger yes, battery no.

I contacted the Screwfix store from which I bought the drill, and a disbelieving store manager told me that I was not entitled to a refund or a new battery because the sale was 30 days ago.

My basic knowledge of Sale of Goods is that, since the product is not fit for purpose (because it has no battery) then the number of days is all but irrelevant -- I am entitled to a refund or new battery.

He got very testy and the phone call ended with him agreeing to check if they have "any batteries lying around the stockroom". But he said that, if he can't find one, then that's my problem.

Can anyone please advise?

OlliesDad

PJV2098 wrote: »

Hello

I hope someone can advise me on my rights here.

I bought a £100 drill from Screwfix 31 days ago. As unbelievable as it sounds, I only opened the drill's box yesterday (I have moved house, and only now needed to use the drill).

When I opened the plastic carrier, the battery was missing. Drill yes, charger yes, battery no.

I contacted the Screwfix store from which I bought the drill, and a disbelieving store manager told me that I was not entitled to a refund or a new battery because the sale was 30 days ago.

My basic knowledge of Sale of Goods is that, since the product is not fit for purpose (because it has no battery) then the number of days is all but irrelevant -- I am entitled to a refund or new battery.

He got very testy and the phone call ended with him agreeing to check if they have "any batteries lying around the stockroom". But he said that, if he can't find one, then that's my problem.

Can anyone please advise?

I would say you are a bit stuck then.. If they refuse to give you one, you would have to go to court. Whether the judge would award to you would be very debatable, and I for one would not fancy your chances.

PJV2098

Thanks for the reply. As it happens, within minutes of my post, the store manager called me to say they do have a spare battery. Good news. But what funny timing.

Just to clarify your response -- would you not fancy my case on the grounds that it is my word against theirs, and that the scenario described is rather fanciful? Because, as I understood it, the Sale of Goods Act's unfit for purpose puts the burden of truth on the retailer.

visidigi

PJV2098 wrote: »

Thanks for the reply. As it happens, within minutes of my post, the store manager called me to say they do have a spare battery. Good news. But what funny timing.

Just to clarify your response -- would you not fancy my case on the grounds that it is my word against theirs, and that the scenario described is rather fanciful? Because, as I understood it, the Sale of Goods Act's unfit for purpose puts the burden of truth on the retailer.

I wouldn't fancy your chances. You had ample opportunity to check the item from the moment you collected it, It may not have been a personal priority to you in the grand scheme of things, but then SoGA doesn't (and shouldn't have to) take account of the grand scheme of things...

lucy03

PJV2098 wrote: »

Thanks for the reply. As it happens, within minutes of my post, the store manager called me to say they do have a spare battery. Good news. But what funny timing.

Just to clarify your response -- would you not fancy my case on the grounds that it is my word against theirs, and that the scenario described is rather fanciful? Because, as I understood it, the Sale of Goods Act's unfit for purpose puts the burden of truth on the retailer.

I'd say balance of probabilities would probably go in your favour and it's likely that Screwfix wouldn't want to attend court, so a court case would probably go your way. There would have been the added complication of whether if you had bought under a trade account as well.

bris

After 31 days I wouldn't fancy your chances in court, no.

System

sounds a bit jackanory !

OlliesDad

PJV2098 wrote: »

Just to clarify your response -- would you not fancy my case on the grounds that it is my word against theirs, and that the scenario described is rather fanciful? Because, as I understood it, the Sale of Goods Act's unfit for purpose puts the burden of truth on the retailer.

I believe the part of the SoGA you are referring to is the 6 months burden for inherent faults. I think that this would come down to the period of acceptance. After this period I think you would not be able to claim the item was not as described (i.e. did not include the battery).

If this was not the case, if somebody lost the battery after 5 and a half months the retailer would need to replace it.