Rights re. 13-month old lawnmower

MarkBargain

I bought a Qualcast lawnmower from Homebase in March 2013. I used it a few times on my fairly small lawn and last week it stopped working - the motor now just hums and gives off a bit of smoke.

I wrote to Homebase asking if I could return it as I consider that a lawnmower would be expected to last longer than 13 months under the Sale of Goods Act.

Their response is below and I would appreciate any comments. Is it reasonable to ask me to get such a report done? Where would I find such a professional? Is it a 'manufacturing fault' if a lawnmower motor packs up after being used five or six times?


I am sorry to read that your lawnmower has developed a fault and I hope you can accept our apologies. As it is now out of the 12 month guarantee period an independent report will be required. Please arrange for an accredited professional to carry out an inspection and give you a report. Please send a copy of the report to: Homebase Customer Relations Acton Gate Stafford ST18 9AR Please include your full name, address, postcode and your original order number if possible. When we receive the report we will contact you within 7 ? 10 days to discuss the next steps. Of course, if a manufacturing fault is found we will also be pleased to reimburse the cost of the report.

wealdroam

Yes, that is in order.

After six months it is for you to prove that the mower is inherently faulty.

If you get a report that confirms that, then the seller will provide the remedy and refund the cost of that report.

Read more about your rights, and obligations, here:

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

Here's a short extract from that article:

When goods are faulty, if you return them within six months, then it's up to the shop to prove they weren't faulty when you bought them. After this, the burden of proof shifts and it's up to you to prove they were faulty when you bought them.

MarkBargain

wealdroam wrote: »

Yes, that is in order.

After six months it is for you to prove that the mower is inherently faulty.

If you get a report that confirms that, then the seller will provide the remedy and refund the cost of that report.

Read more about your rights, and obligations, here:

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

Here's a short extract from that article:

Thanks for that.

Where does one stand if the item simply didn't last a reasonable length of time though? It may have worked at the time of manufacture, but was made of inferior parts say meaning it couldn't last very long. The mower worked the first few times I used it, so I am not sure there was one 'manufacturing fault' other than it being poor quality.

Also, where in Yellow Pages do I find such a qualified lawnmower specialist to write me the report?

I did think about contacting Qualcast, but they don't advertise an email address so it'd have to be a letter.

wealdroam

MarkBargain wrote: »

Where does one stand if the item simply didn't last a reasonable length of time though? It may have worked at the time of manufacture, but was made of inferior parts say meaning it couldn't last very long. The mower worked the first few times I used it, so I am not sure there was one 'manufacturing fault' other than it being poor quality.

Careful... if their was no fault at the time of sale then you have no claim.

If it failed after thirteen months because, for example, the wheels fell off, then if you can get a report that says "the wheels fell of because the retaining pin was made of such poor quality material that it failed prematurely", then you have your proof that the thing was faulty at the point of sale.

Failures due to misuse or fair wear and tear are not covered by the sale of Goods Act.

MarkBargain wrote: »

Also, where in Yellow Pages do I find such a qualified lawnmower specialist to write me the report?

Any lawnmower repairer will do.

MarkBargain wrote: »

I did think about contacting Qualcast, but they don't advertise an email address so it'd have to be a letter.

The manufacturer owes you nothing beyond their guarantee/warranty.

They are very unlikely to want to write a report stating their product is inherently faulty.

DCFC79

wealdroam wrote: »

Any lawnmower repairer will do.

Or a garden machinery repairer. You tried using the service agent locator option on the Qualcast site.

rustyboy21

Sounds like the motor has burnt out.


Sure you haven't been going at long grass with it, i.e the first cut of the year? Only reason I say this, is down to me doing this a couple of years ago with a Qualcast Cylinder model. Grass was about 6'' high and grass got caught up in workings at side of blades and burnt motor out. You may have done the same. That is why they also sell strimmers, scythes.

MarkBargain

Thanks for all the comments. I read online several people with similar mowers whose motors burnt out, and I think the fact is many of these machines are not very good. I wasn't cutting really long grass with it, but the grass was a bit longer than usual.

I have ordered a new lawnmower from B&Q this time. I went for a Bosch with a 2 year guarantee so I look forward to that one lasting 25 months!

nomoneytoday

We bought a Bosch about 3 years ago, with a 2 year warranty.
It broke after 28 months, so I called and asked about an out of warranty repair.
They couriered it the next day, and sent it back fixed, free of charge within a week

I'll buy Bosch again

mailmannz

Ive been through the small claims court over a washing machine that failed a couple months after its warenty period expired and the judge found in my favour as I had a reasonable expectation for the washing machine to last much longer than the waranty period.

You will have the same case as well, that your lawn mower should have lasted significantly longer than 13 months from the date of purchase.

It will be up to homebase to prove that the mower has been misused, which will be hard for them to prove...assuming they even turn up.

Mailman

wealdroam

mailmannz wrote: »

It will be up to homebase to prove that the mower has been misused, which will be hard for them to prove...assuming they even turn up.

See the quote from MSE's Consumer Rights article in post #2.

In the first instance, after six months from sale it is for the consumer to prove the fault existed at the time of sale.

Of course, if the consumer manages to do that then the seller will then have to disprove it to win the case.

But if the buyer does not prove the fault is inherent in the first place, then there really is no point in going to court.

cattie

MarkBargain wrote: »

Thanks for all the comments. I read online several people with similar mowers whose motors burnt out, and I think the fact is many of these machines are not very good. I wasn't cutting really long grass with it, but the grass was a bit longer than usual.

I have ordered a new lawnmower from B&Q this time. I went for a Bosch with a 2 year guarantee so I look forward to that one lasting 25 months!

Bosch actually own Qualcast.