Sale of goods act

Kim_Possible

My hand mixer failed and I contacted Dualit to see how I could get the item repaired and they responded that they do not repair this model and offered 34% discount on a new one.

I replied to say I believe my hand mixer has failed due to what I believe to be a defective inherent fault with the gear mechanism and under the sale of goods act as they do not offer repair, could they replace the item or refund the purchase price as the device has failed due to an known defect, it is not of satisfactory quality nor is it durable and so are in breach of contract.

Dualit replied to say :
not repairable as previously stated.

We are aware of the Sales of Goods Act and this covers the contract between the customer and the Retailer not the manufacturer.

The Hand Mixer was manufactured in 2009 and up to now the product has been working and fit for purpose. If a customer is claiming repair or replacement more than 6 months after purchase, the burden of proof is on the customer to prove that the goods were not of satisfactory quality, fit for purpose at the time of sale, which on this occasion this was not the case.

I have increased the discount to the manager's maximum amount of 40% of our new design

My question: are they correct in saying the contract is between customer and the Retailer not the manufacturer? I assumed the act was customer > manufacturer?
Please clarify
Thanks

Bantex_2

Kim_Possible wrote: »

My hand mixer failed and I contacted Dualit to see how I could get the item repaired and they responded that they do not repair this model and offered 34% discount on a new one.

I replied to say I believe my hand mixer has failed due to what I believe to be a defective inherent fault with the gear mechanism and under the sale of goods act as they do not offer repair, could they replace the item or refund the purchase price as the device has failed due to an known defect, it is not of satisfactory quality nor is it durable and so are in breach of contract.

Dualit replied to say :
not repairable as previously stated.

We are aware of the Sales of Goods Act and this covers the contract between the customer and the Retailer not the manufacturer.

The Hand Mixer was manufactured in 2009 and up to now the product has been working and fit for purpose. If a customer is claiming repair or replacement more than 6 months after purchase, the burden of proof is on the customer to prove that the goods were not of satisfactory quality, fit for purpose at the time of sale, which on this occasion this was not the case.

I have increased the discount to the manager's maximum amount of 40% of our new design

My question: are they correct in saying the contract is between customer and the Retailer not the manufacturer? I assumed the act was customer > manufacturer?
Please clarify
Thanks

SoGA is between customer and retailer.
Good luck with a five year old product though.
When did you buy it?

somethingcorporate

Retailer (clue is in the title, SALE of goods act).

How much did you pay for the item and when? a 40% discount on a new item may be generous.

SuperHan

You assumed wrong.

Your contract is with the retailer only under SoGA. The manufacturer needn't do anything, so your offer of discount is quite generous.

The letter is also right in that the burden of proof is on you, so you will need to get a report saying the fault is inherent before the retailer will do anything.

The retailer will have a choice of repairing, replacing or refunding the product. A refund may be partial to reflect use you have had.

neilmcl

Take the 40% discount on offer because that's likely the best you can expect and certainly a very good offer considering the manufacturer isn;t obliged to do anything.

rustyboy21

They seem to be priced around the £60 mark online via Dualit's own website.


The manufacturer normally works on the serial no of the appliance, which will show the year of manufacture, they don't normally ask for the date of purchase, as this is normally asked for when retailers report the fault. But I cannot see many retailers having them in stock for years, so the OP has mostly had the mixer for say3+ years, if that helps anyone to work out, if the offer is generous enough.


IMO, the money offered does seem generous enough. Most small appliances will be unviable to repair these days.


OP if you want more, you will have to go via the retailer, but supply an independent report showing an inherent fault, which most likely will cost you more than what Dualit are offering you back, with no certainty you will be successful.

CBU2004

Take the discount.

I contacted SONY when my Playstation3 packed in after 3 year. (From Gamestation) - Obviously an item like this you want around 5/6 years out of it at the least.
So I asked about a repair/replacement, they offered me a new slim model at a ridiculous discount, like 50% or something with pick up/drop off.

daytona0

Well to be honest it depends on how long you've had it 4...

Why should you get a full refund i the item has been used 4 a number of years? Partial refund taking into consideration is generous, and i'd say 20% 1st year and 10% each additional one a a rule of thumb...

Kim_Possible

Thanks for the replies, I will take your advice

arcon5

Offer a significant discount and know the law spot on. That's rare.

Its likely the 40pc will actually be of more value than the cash alternative if the retail partially refunded you (as they are permitted to do)