Quick question regarding Sale of Goods Act

anarchied

Hi all,

haven't posted for a while, oops!

Just a quick query regarding the repair, refund, replacement section of Sale of Goods Act.

I purchased a new sim-free phone from Tesco back in December. Last Monday the phone broke (6 months into the 12 month warranty) and I sent it off. Received an email last Friday saying that they needed to order a replacement part, then another email today saying that the phone could not be repaired to a satisfactory standard, so they're sending me a replacement. No qualms with Tesco (hopefully won't have!).

However, I am (over)worrying that they may fob me off with a refurbished phone as my replacement. My father is adamant that, due to me buying the phone outright (and not having the phone as part of a contract), they cannot legally send me a refurb as it is not an equal counterpart of the phone I originally bought.

Legally speaking, is that right? Do Tesco reserve the right to replace my phone with a refurb?

cheers in advance!

frugal_mike

They would be entitled to send you a refurbished phone. Remember the phone that broke was not a brand new phone, it was a 6 month old phone. Legally speaking the phone they send you is just a continuation of your old phone as far as The Sale Of Goods Act is concerned. The replacement does not need to last as long as a new phone is expected to starting from now, you still start counting from the time you bought the phone 6 months ago.

SuperHan

You gave them a broken, 6 month old phone.

They are within their rights to give you a fixed, 6 month old phone, be that yours or another.

SoGA requires a like for like swap, as far as I am aware, not a new for old.

anarchied

I thought as much. Thanks for the replies!

unholyangel

As above, a new phone would be a betterment.

The purpose of a remedy of breach of contract is to put you in the same position you would be in had the breach not occurred. And that position is with a 6 month old phone on a like for like basis.

They may send you a new one - but keep in mind that would be a bonus.

And also keep in mind you shouldnt be worse off because of their breach.