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Close to expiry date COVID test kits.
Comments
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Definitely send back, it's not reasonable to expect 50 tests to be used in 5 days
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I'm not so sure. The kits could have been for multiple people like a workplace. The kits could have been used in a couple of days.
This all depends on how they were advertised and what the OP said (if anything) to the seller.
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I think you need to add a caveat to this because we haven't seen the listing or any communication.
Fit for purpose would only be the case if the OP told the seller of their intended use. (50 Tests could have been for a workplace/club/group and all used up in a day or two)
It also depends on how they were advertised. If they were cheap and clearly marked as short date then there's no right to return under fitness for purpose.
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Thanks for responding.
It was a deal on hukd which I ordered end of June on subscribe and save for 2/8/26 delivery.
I saw no mention of short dated items.
I have made contact with the seller to see what date really is
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The OP has also failed to clarify whether 10/08/2026 refers to August (UK date format) or October (USA date format), as mentioned by Eskbanker up thread.
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Whilst, in theory 50 test kits could be used in 5 days. Or even 1 day. But there is no reason a retailer should assume that to be the case, and the consumer shouldn't have to tell the retailer this isn't the case.
COVID tests typically last at least 12 months, so unless these kits were specifically advertised as short-dated (with an appropriate discount) then it is not acceptable for the retailer to send out kits with only a week or so before expiry.
Other than by contacting the manufacturer there isn't really any way the OP can confirm this - but I don't think it's particularly relevant either. The expiry date on the kits is 9/8/2026 - so the US format date would be Just over a month away, which is still short dated (for a product that typically lasts a year).
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While your final paragraph is correct, the middle one is not.
The Consumer Rights Act actually breaks down fitness for purpose into two sections:
Section 9, called "Goods to be of satisfactory quality", includes the term: "fitness for all the purposes for which goods of that kind are usually supplied;" (emphasis mine)
While section 10 is called "Goods to be fit for particular purpose" and covers specific purposes that the consumer has told the trader about before purchase.
So when purchasing goods, they must be fit for all the usual purposes, plus any specific ones the consumer has made the trader aware of.
While 50 tests could have been for a club, just because they are fit for a purpose, doesn't mean they are fit for all usual purposes. And certainly a usual purpose of Covid tests would be home/family testing.
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Email back from the seller stating that the date is not UK and the expiry date is September 8th this year.
30 odd days is short but we use 2 each per visit and my FIL and bil take the test before we visit so we can give them to them and we will buy some more.
I wasn't worth the hassle sending them back as they will be used but if the date was next week I would of sent them back.
Thanks for all the replies/advice.
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'…30 odd days is short but we use 2 each per visit and my FIL and bil take the test before we visit so we can give them to them and we will buy some more…'
When you buy some more, note the advice given above and make clear in your order the minimum expiry date you will accept.
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