Have I now accepted the goods?

Bwib

Hi All,


Bought a petrol strimmer on Saturday from a local, independent Garden Machinery retailer. Wanted a decent one so spent £300 and it came with a 5yr warranty.


Used it for about 5 hours on Sunday with no problems. Thought we'd get a bit more done yesterday evening but after about an hour when my husband tried to stop it, he couldn't. The on/off switch had failed. The only way to stop the engine running was to remove the spark plug.


Phoned and explained this to the retailer this morning and said we could take it back tomorrow and would like it replaced. Quite shocked when he said he will not replace it, but as an authorised dealer, will repair it under warranty.


Have done some reading this morning and am under the impression that at this stage I should have a choice of repair, replacement or refund.


Second trip out in two days, total of about 6 hours of operation. I don't think that is reasonable, but am I deemed to have accepted the item and now have no alternative other than to accept a repair under warranty?


Would have been quite happy with a replacement but their attitude has left me feeling quite miffed and I really don't want a repaired machine. Also worried we have got a 'duff' one and will end up with loads of future problems.


Would I be better off, or am I even able to, demand a full refund under the sale of goods act? I guess I can't force them to refund me and I really don't want it turning nasty and them ending up telling me to take them to court to get my money back.


I have spoken to my credit card company this morning to try and establish where I stand with them and they say everything depends on whether the receipt states I am entitled to a refund. I am not at home so can't currently check that but that sounds like a bit of a get out to me as I can't think there is any wording like that on the receipt.


Would really like to resolve this to our satisfaction with another phone call to the retailer so any thoughts or comments appreciated.


Thanking you all in advance for any input.

dm20

Bwib wrote: »

Have done some reading this morning and am under the impression that at this stage I should have a choice of repair, replacement or refund.

It up to the retailer to choose whether to repair, replacement or refund. Unless they told you at the time you purchased that in the event of a fault they will offer you a refund, then it's up to them to choose how to deal with the problem.

It sounds like they're currently dealing with the problem amicably. Why do you need a refund rather than getting the trimmer back working? Perhaps ask if they can loan you another whilst yours is being repaired?

unholyangel

Imo acceptance hasnt occurred yet so while OP can't insist on a replacement, they can insist on a refund.

shaun_from_Africa

dm20 wrote: »

It up to the retailer to choose whether to repair, replacement or refund. Unless they told you at the time you purchased that in the event of a fault they will offer you a refund, then it's up to them to choose how to deal with the problem

Totally incorrect.

It doesn't matter what the seller did or didn't state at the time of purchase as a consumer's rights as detailed in the Sale of Goods act (1979) are statutory rights and can't be overruled by a sellers terms and conditions.
The SOGA allows a consumer a reasonable time to inspect, assess and test goods to see if they conform to contract and if they fail to do so, those goods can be rejected for a full refund. (and IMO, 5 hours is not enough time).

dm20

shaun_from_Africa wrote: »

Totally incorrect.

It doesn't matter what the seller did or didn't state at the time of purchase as a consumer's rights as detailed in the Sale of Goods act (1979) are statutory rights and can't be overruled by a sellers terms and conditions.
The SOGA allows a consumer a reasonable time to inspect, assess and test goods to see if they conform to contract and if they fail to do so, those goods can be rejected for a full refund. (and IMO, 5 hours is not enough time).

You are probably absolutely correct but perhaps I am completely wrong, but does it not depend on whether 6 hours of operation is considered an inspection? Perhaps a week would be enough time to return without having deemed to have accepted it, but does operating the appliance for that length of time not suggest it is accepted?

And as you say statutory rights can't be overruled by a sellers terms and conditions. But can sellers not offer additional consumer benefit at the time of purchase in addition to the statutory rights (such as refund in the case of an unwanted item, or refund in the case of a developed fault which)?

bris

Law gives no timescale on whether acceptance has taken place or not, only a judge can decide if 5 hours trouble free use is acceptable or not, any thing else is just speculation.

If you feel the need to gamble in the small claims court then go ahead but if the retailer is offering a speedy remedy then you might not win.

You would have a good chance if you want to dig your heels in but there is an element of doubt.

Anselm

Bwib wrote: »

Hi All, The on/off switch had failed. The only way to stop the engine running was to remove the spark plug.

Thanking you all in advance for any input.

Highlighted the bit which I think is most relevant.

Under section 14(2) Sale of Goods Act 1979, where the seller sells in the course of a business, there is an implied contractual term that the goods will be of satisfactory quality.

Section 14(2A) of The Act states that the standard of satisfactory quality for goods is one which the reasonable person would regard as satisfactory, after taking in all the relevant factors.

I, as a reasonable person, think that a £300 garden strimmer that doesn't switch off unless you pull the plug is not satisfactory quality and is therefore faulty.

As it is under 6 months since you bought it, the onus is on the retailer to prove that it is satisfactory quality.

The law states you must reject the product within a reasonable time frame.

So, if you want to push for a refund which you can do, you need to take it back ASAP.

frugal_mike

dm20 wrote: »

You are probably absolutely correct but perhaps I am completely wrong, but does it not depend on whether 6 hours of operation is considered an inspection? Perhaps a week would be enough time to return without having deemed to have accepted it, but does operating the appliance for that length of time not suggest it is accepted?

There are three things that denote acceptance (from memory, so may have missed some).

1) Telling the retailer that you accept the goods. I think its fair to assume that didn't happen in this case.

2) Doing something that is inconsistent with the sellers ownership of the goods.

3) The passage of an (undefined) 'reasonable' amount of time.

Nowhere does it mention that using the goods (for any period of time) is acceptance. I also do not believe using the goods is inconsistent with the sellers ownership of them. So as bris said, it would be up to a judge.

dm20 wrote: »

And as you say statutory rights can't be overruled by a sellers terms and conditions. But can sellers not offer additional consumer benefit at the time of purchase in addition to the statutory rights (such as refund in the case of an unwanted item, or refund in the case of a developed fault which)?

Refunding in the case of a fault before acceptance has occurred is not above and beyond statutory rights. The customer has a right to a refund in that situation. A lot of retailers say that they will refund within 30 days which in most cases will be likely to be considered a reasonable time, but if a consumer can successfully argue that longer time is reasonable then the terms and conditions the retailer provided are irrelevant.

To the OP. Since you paid on Credit Card you can make a Section 75 claim against the credit provider if you want. They are jointly and severally liable for the contract you have with the retailer.

Altarf

frugal_mike wrote: »

Since you paid on Credit Card you can make a Section 75 claim against the credit provider if you want. They are jointly and severally liable for the contract you have with the retailer.

And that is the solution.

I give retailers one chance to resolve the problem (except DSG companies, who I don't bother with at all). If they don't sort the problem, then it is a section 75 claim.

Credit card companies don't mess around, and in my experience, just pay up.

Bwib

Busy few days but just wanted to come back and thank you all for taking the time and trouble to help me.


All the constructive comments helped me to give a fair and balanced viewpoint (I think) when I took the strimmer back to the retailer yesterday.


Unfortunately I got lecture on how 30 years in business means he knows the SOGA inside out (which evidently he doesn't). Apparently, the reason all goods come with a warranty is so that if you get them home and they don't work you can get them repaired free of charge. This is why is employs three technicians in his workshop!


I have to admit, bad attitude rather than anything annoyed me.


I've now spend my day off learning lots more from various parts of this website and have just emailed my credit card company with my Section 75 claim.


Once again, many thanks for the much appreciated assistance.

burlington6

Is a faulty switch and a ten minute job really worth moaning about