Hello,

hoping some one may no a bit about the sales of good act.

I have bought a part for my engine from a well known supplier and it doesnt spin true (appears to be a fraction of a mm out) I have sent the part back and the supplier say they have to send it back to their supplier befor they will send me a new one. Or they can send me one and charge me for it

Am i correct in thinking that under the sales of goods act if the item is not fit for purpose (and i have tried another pully so know is not what its fitting to and my measure of the item confirms to me its not right) i am entitled to request a new one

Im only annoid as i dont have a car till i get one back

Any suggestions

cheers

Paul

They are talking out of their orifice.

http://www.dti.gov.uk/consumers/buying-selling/sale-supply/sale-of-good-act/page8600.html

Q6

Bah wrong link

http://www.dti.gov.uk/consumers/fact-sheets/page38311.html


[Edited on 4/7/07 by iank]

Your contract is with your supplier. How they deal with it at their end is not your concern. If they are confident that what they sent you was correct, then they shouldn't mind sending you a replacement for the perfectly good one you have sent them!

as far as i know the product has " to be fit for the purpose for which it was purchased" and the retailer has to be given a choice of one from the following.
1. repair it
2. replace it
3. refund it.

you have to demonstrate being reasonable , which might mean waiting for the suppllier to check with there suopplier as to the quality of the product.

additionally a call to the suppliers local trading standards will always bring things on quicker in my experience.

hth

I disagree with the waiting for the manufacturer, I don't believe that is reasonable - what if the manufacturer is in China, it could take months.

In the first 6 months they have to prove it's good, you don't have to prove anything. Between 6months and 6 years you have to prove it's bad.

Mmmmm I've come across this before with motor factors - they understand the sale of goods act but they seen to want to have an expert opinion of the part before parting with a refund or replacement.

I believe that they suspect that some people - who are possibly not fully qualified and main dealer trained - might due to their incompetence possibly damage parts whilst trying to fit them and then scurrilously try to say that the part was faulty in the first place

So I think they make it difficult to get the refunds and replacements and introduce this delay to filter out the genuine cases from those mentioned above.

They will honour the law but only in their own time. I am not sure that the law says that the refund has to be immediately on demand or even that it specifies a timescale. The real test is whether they will go to court over it or whether they will be a bit more cooperative to a trading standards person.

Good luck

Mark

Cheers Guys

I will give them 2 days if when i contact them then they dont have any news i will place a call to the guys @ the DTI

Paul

quote:

---

Originally posted by pif
as far as i know the product has " to be fit for the purpose for which it was purchased"
hth

---

One other thing, you do not have to accept a repair if it is within the first 28 days after purchase and if you do accept a repair in the first 28 days, then you cannot get a replacement at all! You will then have to accept further repairs.
I would ask for a straight forward replacement or your money back. The law is on your side.

[Edited on 4/7/2007 by nitram38]