Sale of Goods Act Durability

AL68

New Member
Nov 17, 2011
2
0
0
How long should a corded phone last? My BT Decor 1200 lasted 14 months so I took it back to Comet and said I would like half my money back as I expected it to last at least 2 to 3 years minimum. The sale of goods act states that lifespan is based on the opinion of a reasonable person. The Comet folk say no chance as it is out of guarantee and I should have taken out an extended warranty. Anyone have any information or experience of this type of claim?

Thanks
 

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
Hi there,
How much did the phone cost?
Ontop of this, reasonable use has to be considered, if it was a home phone, used once or twice a day, it should last longer.. however if it was in a business environment where it has the potential to ring 20 times a day, you wouldnt expect such a great lifespan.
 

AL68

New Member
Nov 17, 2011
2
0
0
It retails at £25 and gets very light use in a domestic environment. It's a basic phone without answer machine so nothing fancy to go wrong!
 

trickygj

Moderator
May 31, 2010
400
1
18
Cheshire
www.richardgjohnson.co.uk
AL68

The SOGA states that goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances which include (a)fitness for all the purposes for which goods of the kind in question are commonly supplied,(b)appearance and finish,(c)freedom from minor defects,(d)safety, and(e)durability.

The question is therefore would a reasonable person regard a £25 telephone to be durable enough in the circumstances of usage that you describe, to last more than 14 months? I would say so.

Getting Comet to accept that is a different matter though. I would think your request for a 50% refund against another model is fair. The guarantee and extended warranty play no part in the scenario. Probaly best to speak to a manager armed with the relevant part of the SoGA (s14) and if all else fails write in to the head honcho.:)