It is not fit for purpose
That’s a legitimate claim as long as you are using the item for the purpose for which it was intended. This is the principle of fitness for purpose. There is no point claiming that paint thinner has had adverse effects if it is not being used as paint thinner! Similarly, if you are commissioning the manufacture of a product and do not specify the purposes for which it will be used you will have no recourse if it fails to live up to your expectations.
Your Statutory Rights
- How do you measure quality?
- How long should it last?
- Is the guarantee worth the paper it’s written on?
- I bought it from a bloke down the pub
- Rights when knowingly buying damaged goods
Common Complaints
- They say I’ve taken ownership so it’s my responsibility
- Do shops have to give me my money back?
- The shop doesn’t want to know, they say it is the manufacturer’s responsibility.
- It’s second hand – do I have any rights?
And if your statutory rights are broken
Related posts:
With regards to ‘not fit for purpose’, I purchased a laptop almost a year ago which works fine, however ever since I started using it, it has given me electric shocks and a tingling sensation when touching the brushed aluminium. The company in question has stated that they are aware of the problem via a forum post on their website (though there is no official recall/notification etc or any independent contact from them about it). My question is, can I claim a refund/replacement for the laptop being unfit for purpose, given that it is running electrical current through you when you use it?! (If not, would any other section of the Sale of Goods act apply?) Also, given that it was 12 months ago (I only saw the company’s post about it today) do you think I would face any difficulties arranging this with them given the situation has been going on for quite some time?
Many thanks for your time and expertise.
Fiendish, I don’t think this would constitute ‘unfit for purpose’ under the s.14 definition of Sale of Goods. Lots of items with brushed steel do give off static, which isn’t unacceptable. Although if there are safety risks due to electric shock, S14 may still apply. With anything, it’s always best to raise the issue as soon as it becomes an issue, to prevent the supplier from claiming wear and tear. You must send the item back to the supplier for assessment, and if found to be faulty they will repair, or replace if a repair is impossible. If they replace, they do not have to give you a new laptop, to take account of the use you’ve already had.
Due to the smell of gas in our house we called out a plumber who indeed confirmed we had a gas leak. The leak was found to be coming from inside the range cooker we purchased new only 18 month previously. The plumber could not however find the exact location of the leak within the cooker due to the way in which the cooker had been built. He recommended that I cease using the cooker as he did not feel that it could be repaired sufficiently and would be safer to stop using it all together. I contacted the manufacturer who said due to the year being up on the guarantee they would charge us an £88 call out fee to check indeed that it was faulty and would not replace the cooker even though now after 18 months it has been seen to be not fit for purpose or safe by a reliable plumber. Do we in fact having any rights in this matter to have a replacement for this cooker.
Steve, retailers and manufacturers always refer to the warranty as a way of getting out of their statutory obligations. What you have been told is incorrect, and the warranty is irrelevant. You will still have protection under Sale of Goods legislation long after the warranty has expired. For more on this see:
http://whatconsumer.co.uk/how-long-should-it-last/
and:
http://whatconsumer.co.uk/and-if-my-statutory-rights-are-breached/
I purchased a new motorbike last March. Since that time its been back to the dealers 5 times.The first 4 were for the same fault ( a persistent oil leak) . It is now back again with a major failure of an engine component. Its 1 year old and covered 2000 miles does this constitute not fit for purpose and if so can I reject it?
I recently bought an amplifier on the 13th Febuary 2009. I had used it twice and now it has stopped working. i have tried to contact the company to get it sent back and to get a refund but they tell me that as i am out of the 28 day return policy, I am not entitled to a return/refund. I was also told that i have to get an engineer to look at it at my own expense to make sure it isn’t damaged due to misuse. is this right? can they do this? am i not entitled to a refund?
I purchased some ski boots in December from a shop whose expertise I relied upon for achieving the correct fit. I took their guidance on size and the style that was best for me. I have just got back from a skiing trip where I used them for the first time. After the first week I started having real problems controlling my skis and fell a lot. I went to a local boot fitter in the resort where I found out that I had been sold boots which were 2 sizes too big and which were dangerous. He talked through how to check if the boots are the correct size. The shop I bought my boots from did not perform any of the same checks to fit my boots for me. I was advised to hire some smaller boots for the rest of the holiday as he considered that my boots would be dangerous for me to use. I hired some (from a separate retailer) and I felt in control again. I have since had a second opinion back home and have been told again that my boots are far too big. It is now April however I have only just had the opportunity to use them due to the ability to get away on holiday. Where do I stand?
Paul, The fact that it has gone wrong 5 times in the last year would give you good grounds for rejecting the item claiming loss of faith in the product. However, you may have to threaten legal action to enforce this and any refund would take into account of any use you have had of the bike over the last year. If the bike has suffered a major fault which has rendered it unroadworthy and will take considerable time to fix, you could probably request a replacement. If not and it can be repaired relatively quickly and easily you will have to accept a repair in the first instance.
Peter, Under Sale of Goods you are entitled to a repair. if this cannot be done they must replace the item. If neither can be done, they will be obliged to give you a refund, but you cannot insist on one in the first instance. The warranty is irrelevant. Because you are still in the first 6 months of ownership, you do not have to prove a thing – therefore what they are telling you is rubbish. Send the item back and but request that they pay for it and insist the item is sent back to you in full working order within reasonable time. See: http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/ for more on this
Hi
I purchased a videogame game from Argos yesterday after work. I got home and played it for about 20mins. After 20mins I developed a headache and felt extremely nauseous. So, I stopped playing due to the motion sickness and spent the rest of the evening recovering in bed. The next day I took it to another argos closer to my work, explained the issue and wondered if they could replace the game and I would pay the difference. The manager flatly said no and that was it. After checking their website it does say yes videogames are exempt from the 30 day money back guarantee, but this does not affect your statuatory rights. Am I right in assuming because this games graphics and/or motion in game make me nauseous i should be able to replace it because its not fit for its purpose? ie I play the game because I enjoy it, not the opposite?
Mark, I’m afraid that unless there is a fault wih the game, which is causing the symptoms you mention, you cannot claim the game is unfit for purpose, and Argos are under no legal obligation to take it back. Manufacturers can’t be held responsible for proucts which have adverse affects on some people unless they can prove to be unsafe in some way (i.e toxic).
Matt, the law is very clear on this. If you buy something on the specific guidance of a specialist, and the goods then prove to be ill-advised then you have a good claim, not just for full refund but for damages also. You must first prove however that the person who advised you was’t just a salesperson, but a specialist acting in a professional capacity, and that you relied on the information given.
Catriona,
Thanks very much for your advice, that is very good to know. Is the time between buying them and being able to use them an issue? I bought the ski boots in December for Christmas but wasn’t able to use them until April due to the ability to get away skiing. The shop is closed at the moment as they are away skiing but it is a specialist ski shop and therefore I would guess that it should not be too difficult to prove that they are professionals acting in a professional capacity.
Matt, the time frame wouldn’t be an issue, although as a general rule of thumb it’s always better to pursue matters within the first 6 months. You would still need to have proof of purchase to prove a contract of sale existed.
I bought a dell laptop (studio 1537) straight from dell at the beginning of december ‘08. The warranty that came with it lasted a year. My laptop started to play up slightly before my warranty ran out and dell tried to charge me £30 to tighten 4 screws on the hinges. when the engineer was putting my laptop back together he broke my wifi card which they replaced after many arguments and over 10 quids worth of calls.
With in the last week or so my laptop was really slow, so I thought I would format the hard drive and reinstall windows 7. I inserted the disc and then the optical disc drive didn’t work. I phoned dell, again, and was taken to a foreign call centre. All they want to do is sell me another warranty!
Would my laptop be covered under this law?
Thanks
Josh
Hi Josh,
You need to tell Dell that the laptop is not of satisfactory quality and as the retailer, I assume, they are liable under the Sale of Goods Act. It is reasonable to expect a laptop to last longer than this. They are well within their right to ask for an engineer’s report to prove that it has an inherent fault and hasn’t been misused etc.
Tony
I have got a iPhone 3GS and I have had problems with it since I got it in december. It only lets me get certain phone calls and picks a chooses which ones I get. I rang Orange on 1st Feb and they said that it was my phone. they got me to try a few things and then put me through to Apple who kindly replaced my phone. I have had my new phone for a week now and the problem is still happening. I am missing important phone calls. I have been on the phone to Orange 5 times in the last two days and they keep putting me through to different people. Is there anything legal I can quote that can get them to give me a normal phone or cancel my contract? I have been with orange for 5 years and never had a problem.
Thanks
It is strange that you have had the same problem with two different phones . I have an Iphone 3GS with O2 and it is fine. Is it a problem with reception?
Hi Lizzie
I suggest first checking the iPhone forums as there are numerous queries about this sort of issue. The obvious suggestion is to check that you have ‘enable 3G’ switched off (look under settings / general / network on your phone) as the 3G reception can be very weak.
If this corrects the signal then it is simply that you are in an area where 3G is poor (which makes web access faster). If not, go to the iPhone forums as it is likely not a fault witht he phoen as such.
Thanks
I purchased a bed frame via ebay in september (comes with 12 month warranty), when it arrived there was a dowel missing which we managed to then get from the seller as their shop was close by.
however it did make the bed frame slightly loose.
the footboard has now cracked and has made the frame really unstable.
this is just from normal usage-sleeping (ive just had a baby so it hasnt seen much ahem “action” so cant even blame that!!)
i got intouch with them two week ago and never got a call back so i rang again two days ago and they told me they dont stock that bed anymore and dont have any replacement parts that they know off but would check and call me back which they havent yet.
to me the bed was not fit for purpose seen as it broke from normal usage but also what are my rights seen as they dont have this item anymore?
when should i start “threatening” them with my rights etc seen as they dont seem to want to do much.
thanks
Hello i purches a pc from argos on sunday… its except from the 30 day money back garnatee…
I got it home as it states it has a gameing grahpics card in the pc… when i installed my games it says it does not meet the minimum requiremnts
I have spoken to my local argos manager he is refusing to accept it back unless an enginerr has looked at it, Yet when i have called argos customer support they said yes take it back for a refund…
What are my rights?
Your statutory rights have been breached and the PC is not as described – get the manager to phone customer service.
I have a television that was found to be sold unfit for purpose and trading standars were involved. The TV is three years old but cost £1200 when new. The company concerned have offered me a different TV but it does not have the same features and costs £500 but is of no use to me without the features I currently have.
Can I ask for a refund? if so what would be reasonable considering I have had three years use.
I purchased a infant car seat in Sept 09 after checking on the manufacturers website that it was suitable for my car, which it stated it was. I purchased the seat and isofix base from an internet retailer. When I received the seat and base and baby arrived I asked a local Halfords to just double check I had fitted it correctly, they said it was although it looked like baby was sitting at quite a steep position (rather than lying flatter) but that it should be ok.
As my baby has got older her head is starting to fall forward so that it is resting on her chest and the side impact protectors are having no effect what so ever as her head is so far forward that her head just falls from side to side as we go round bends and just generally does not look very safe. She is only 4 months old and average weight so the seat should still be suitable for her for at least another 6 months.
I’ve checked how other friends babies are in their car seats (including when they’re fitted in my car) and they definitely do not have this problem and one of us now has to sit in the back of the car to keep propping her head back up and currently my only solution would be to purchase another seat that fits my car correctly and safely supports her head and spend another £200 on a seat for approx 6 months usage before buying the next seat that faces forward.
I have contacted the manufacturer and they have advised me to contact the place I purchased it from or not use the car seat base (which I’ve tried and makes no difference), but I’m not sure if I have any rights to return it as the retailer gave me no advise on whether it would be suitable for my car as this information was available on the manufacturers website and don’t really know what to do.
Hi, we bought a buggy about 3 months back, we have the guarantee slip and, more importantly, the receipt.
Recently, we have experienced wet weather and found that the buggy rain cover does not fit properly, indeed we would have to cut our child’s legs off to get it to fit correctly.
She is 15 months old, so not ready for long walks yet.
In addition, the front wheels lock sideways whilst manoeuvring, something that has caused my fiancé to fall over the buggy, nearly crushing our daughter and putting our unborn son at risk.
To top it off, we have no car and travel by bus, which can be annoying as although buses around here are buggy friendly, the brakes on our buggy are not bus friendly (indeed they are quite difficult to lock anyway) and frequently unlock whilst in transit which means that our daughter spends time on our laps on the bus, something that prevents my fiancé from travelling whilst I am working.
Does this by any chance constitute ‘not fit for purpose’?
I work in a shop which has a policy that we do not do refunds. However we do offer an exchange or credit note.
We have a sign next to all our tills stating we can exchange or give credit but not all customers read them.
Is this down to them or is it the staff’s responsibility to let each and every customer know we do not do refunds?
Hi, I was enquiring as to whether the buggy was fit for purpose, as if it isn’t, we as consumers can claim the money back as part of our statutory rights.
As it nearly got my partner, my daughter and my unborn son killed, surely this fits into this category?
Your statutory rights are unaffected by company policy and are law in the U.K. as stated upon every printed guarantee and receipt issued therein, including ours.
I bought a pair of Reebok easytone trainers before heading off on holiday 2 weeks ago. These are designed to give your lower body a work out. However, I found that once I had worn them for a while the circulation to my toes was restricted resulting in ‘pins and needles’. Given the design of the trainers(air pods on the ball of the foot) I could not simply flex my foot in the trainer to get the circulation going so I was having to take them off. The trainers fit well and admittedly it takes a bit of time to get accustomed to walking in this type of shoe. But they are predominantly made of foam. This means that my feet are getting hot quickly and most likley swelling a bit pushing the foot hard against the sole. The shop is refusing to refund my money on the grounds that there are not faulty – defined by them as meaning poor stitching etc. My point is that inhibiting circulation is a much more serious problem than a few loose stitches. Where do I stand?
2 weeks ago I bought a pair of Reebok Easy tone trainers (£75)to take on holiday. After a few hours my feet became very hot adversely affecting the circulation in my toes . Because of the air pods on the sole I was unable to move my toes about freely to get the circulation going again. I had to take them off. This happened on 3 occassions. The shop has refused to refund my money claiming that the trainers have been thoroughly tested by the manufacturer and I have simply bought too small a size. This is not the case – the trainers fit well. The problem is when worn for a long period of time they do not perform as you would expect from the £75 price tag.
Where do I stand with this?
I have a problem with my 4 year old Ford Mondeo. I has developed 2 holes in the flooring of the cabin. The dealer said that he had never seen this before and that it should not have happened. However due to the fact that I had not paid an extra 20-30 pounds to have a body check carried out the warranty is invalid. My point to Ford was that it is surely reasonable to expect that the flooring on a modern motor vehicle should last far more than 4 years. Irrespective of any warranty. Do you think I have a point?
Hi we bought a shower enclosure online in 2008 and have only just come to get it fitted-it turns out to have two top rails and no bottom rail so cannot be used. I contacted the retailer who said that if a replacement part can’t be found there is nothing they can do due to the length of time that has passed as 30 days are given to inspect the goods. I did inspect the item and everything looked ok to me as I am not a professional and could not be expected to notice this fault. Where do I stand on this issue legally if the part cannot be found? It’s a discontinued model, thanks in advance for any advice you can give, Lynne
Hi, I bought a Bush Freeview HD receiver box from Argos.
- The Freeview SD picture is of noticeably poorer quality than the Freeview SD picture direct into the TV. This is all on the SD signal, using the same aerial
- There is an aerial passthrough (the box has an aerial out) where one can then diasy-chain the aerial signal to another device, such as the TV or a video recorder. However, when this is done, the signal for C4 or ITV is unuseable. BBC1 and BBC2 are okay. It seems to only passthrough the aerial signal correctly if the box is turned on. This would be very inconvenient (and costly in terms of electricty usage) to have it on if I wanted to record something overnight. This may well be how the box is supposed to work
At time of purchase I did not realise that such items were exempt from Argos 30 days satisfaction guarantee, so therefore they have sent off to Tech Support to ascertain if there is a technical problem with my box. However I would like to know if I am within my rights to ask for a full refund irregardless if my box is damaged or not. The whole issue has left a bad taste really.
thanks for any help!!
Hi,
I have bought a printer which according to its manual can print transparencies. However, the manufacturer (Samsung) says warranty is voided when using “unsupported media”.
The only type of transparencies recommended in the manual are no longer being manufactured, leaving me with the choice of either using “unsupported media” and voiding my warranty, or not printing transparencies at all.
I have asked the manufacturer if they can recommend me replacement transparencies, but so far they have refused, leaving me without the possibility to use the printer as I intended to.
What do you think of this?
Many thanks,
Marc
I purchased a fairly pricey Samsung TV in November 2007. It has in the last coule of weeks had difficulty turning on. A quick google indicated this is a common occurance on Samsung TV’s due to cheap capacitors.
I have been to my retailer to say the Item was not of expected quality and if it can’t turn on is not fit for purpose. They said they have no repsonsibility as they have not heard of this fault, and I must pay for a repair. At best I must pay for an engineer to prove the TV was Faulty at purchase. Do I have a leg to stand on?
I bought a Smeg fridge/freezer through John Lewis in April. Since the moment it arrived it’s not worked properly. first of all the door wouldn’t shut, I had to keep it shut with sellotape, plus the boxes inside were broken. (the plastic is remarkably fragile and brittle).
It’s one of those expensive retro fridge freezers, I paid almost £1.5k for it so I was pretty shocked. After 2-3 weeks they sent round an engineer (who expected me to pay for his parking) with a hair dryer to seal the door shut.
The door is still not very secure, the magnets don’t work very well.
Now in June I noticed for the last few weeks that water drips down the back into the cheese and vegetable boxes, making the goods inside rot. I’ve complained about it. Their customer service doesn’t seem to have any technical knowledge and did not explain why this should be happening. I’ve lost a great deal of expensive food.
They then said engineers had made an appointment with me. I said no they haven’t. The engineers, not having been in touch with me, came round on a day I was out. If they had been in touch I could have told them I would be out that day.
I spoke to the engineers who said ‘it’s our word against yours’ which really annoyed me.
I’ve complained to John Lewis who are just pfaffing around. They are saying they have to liaise with Smeg and their engineers. I’m tired of this expensive fridge freezer that has never worked properly since day one.
I don’t think it’s fit for purpose. Looks nice but is rubbish.
I’m out of pocket and nobody cares.
Sorry i already posted this . but it seems more appropriate in this thread:
Grateful for some advice. I bought a dell laptop online a few months ago. The fan comes on at high and stays on for the duration. There are numerous threads complaining about this. Some have sent the laptop to be fixed and the problem is never fixed. I am wondering if i can return this laptop as not fit for purpose because 1)The high fan is very annoying i cannot download overnight as the fan will keep me awake 2) i have to play music a lot louder on my laptop to drown out the fan noise 3) its embarassing if i have to make a laptop presentation to clients.
However dell meantions in the warranty “8.4 Dell does not give any warranty that the Products are fit for any particular purpose and this Standard Warranty is given in place of all warranties”.
Does this mean i cannnot return this and ask for money back ? How many times do i have to send my laptop to dell for them to attempt to fix this problem ?
Appreciate and help.
Hi,
I bought an LCD TV with built in DVD player and iPod dock 18 months ago from Tesco and the DVD player has just stopped working. The DVD player has not had much use over that time, so it can’t be worn out, it must have developed a fault.
Tesco say that as it’s over 12 months old they can’t do anything (replace or refund) in store and have advised me to call their electronics helpline.
Surely this can’t be considered fit for purpose? I would expect the item to work longer than 18 months. Do I have any rights?
Many thanks,
Paul
I’m interested in buying a refurbished television from in auction format. The seller shows the statement below on the listing.
”Refunds / ExchangeDelivery
Fixed Price Sales
Willen Trading operates a ‘No fault – No quibble’ policy for “Buy It Now” purchases only. If you change your mind about your purchase for whatever reason, you may return the item, unused, in its original condition along with full packaging, accessories and proof of purchase within 7 days of delivery.
PLEASE NOTE: All ‘No fault – No quibble’ purchases are NOT covered by Willen Trading collection services or subject to postage reimbursement. Purchases returned under the terms of the ‘No fault – No quibble’ policy are at the customers expense.
Auction purchases are NOT covered by this policy, in line with the Office of Fair Trading long distance selling laws. Your statutory rights are not effected by this policy.
For full details about Refunds and exchanges,”
What are my rights if this TV breaks shortly after purchase? Can I not get my money back if it faults after 7 days?
Can anyone advise how long a Metal Bedframe should last.
Ibought one from Argos which has broken just after the 1yr.
Can I get a refund?
I have just ordered a new bed from somewhere else, can I get a credit note to spend on something else in Argos (if I have to)
thanks for your help,
Cheryl
HI, I bought a leather suite 2 1/2 years ago paid cash. The steching has started to go on a chair and the sofa in the same area off each. There are 4 adults in the house and suite gets no abuse what so ever . To me it is a manufactures fault. Have been told by store i purcased suote that the sute is over a year old and they can do nothing about this.I have had fabric suites in the past and had 10 years wear out of them. Please tell me how you think i stand. thank you. Diane
HI, i purchased a phone 9 month’s ago from carphone warehouse, it worked perfectly fine until the other day. I plugged in the charger and it did nothing. We took it back to the shop and they sent it off to see if i t could be repaired. The repairers said it had be broken and won’t be able to be fixed and that I had broken it myself by putting in the charger, surely this hasn’t been fit for function, please help!
Many thanks,
Amber
Hi, I took a HTC HD2 out on a 2 year contract in May, within weeks it started to freeze so I phoned the helpline who told us to download stuff etc, we tried all this and then when we gave up and rang for a replacement phone they said we were out of our 28 days> we have since sent it back for repair, resulting in us having to but a temporary phone, the phone was returned 3 weeks later, no we dont live in outer space, a few days later the same fault has occured resulting in us being unable to rely on the phone. When you try to use it is is frozen resulting in you having to take out the battery and then re-insert. When I questioned why the repair was taking so long I was informed it was because they needed a new part, as the problem is still the same it would indicate that the new part is not working. At what point am I entitled to a replacement? I have spoken to 3 HTC representatives and have been given three different answers, the first said after the first repair it would be replaced if it then broke again, today I have been informed it will be after the second repair then later in the day I was told after the third repair, during this convo I was also told it was in HTC terms and conditions, I asked the rep to give me the link which she did but cant find any reference to this, please can someone help me!!!