They say I’ve taken ownership so it’s my responsibility
The principles of contract law discussed earlier are evident here, and if the breach is so fundamental or the consequences so significant, you will be entitled to rescind the contract entirely, get your money back and also claim damages. However, your rights in this respect depend upon whether it is felt you have already ‘accepted’ the goods in question. If you have been using the goods in question over a reasonable length of time, or you have given the impression that all is well and you are happy with the product, you cannot rescind the contract, but will be able to claim damages. However the law says that you must have ‘reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract’, which, in some cases, may be up to a year.
This may seem a bit fuzzy, so to add further clarification, the Sale of Goods Act now states that if a product develops a fault within the first 6 months, the assumption will be that the defect was present at the time of purchase and you should get an automatic repair or replacement. After this time, you may have to prove the fault was not due to misuse, although shops must also recognise issues of durability – i.e how long an item would be expected to last before developing problems.
Just because you sign a delivery / satisfaction note, or agree to a manufacturer’s repair, it does not mean you have accepted the goods, and are waiving your right to return them at a later date.
Common Complaints
- 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?
Your Statutory Rights
Related posts:
My daughters car broke down with a blown cylinder head gasket so she took it to her local garage who said it would be easier and cheaper to replace the engine with a second hand one. My daughter went ahead with this advice and they fitted a second hand engine at a cost of £1500. She has only done 3500 miles on this engine and the cylinder head gasket has blown on this engine, she took it back and the garage said that its not their problem as she knew it was a second hand engine before they fitted it. has my daughter any come back with the garage and what can she do.
Thanks Bill Jones
Bill, please see:
http://whatconsumer.co.uk/it%E2%80%99s-second-hand-%E2%80%93-do-i-have-any-rights/
for more on this.
Dear Sir / Ma’am,
On Friday evening I took deliverty of a brand new Toyota Hilux HL3 truck at nearly £20,000, and on Sunday Morning (38 hours after i took delivery) I noticed a massive dent in the roof (the roof is above eye height and I only noticed as I was elevated above the vehicle). On contacting the dealer, I was told that the vehicle was in A1 condition when I left the dealership and they would take no responsibiity for recitification of the defect. The dealer is a member of the SMTA (Scottish Motor Trade Association) and has potentially failed in a number of its obligations as required by the SMTA code of practice – the important ones being 3.1, 3.2 and 3.3. – 3.2 states that
“Where Members are required by the manufacturer to carry out a Pre-Delivery Inspection (“PDI”), the Member shall carry out such PDI properly and in accordance with the manufacturer’s recommendations. Where PDI check lists are provided by the manufacturer, the Member shall provide a copy of the properly completed check list to consumers.”
and this did not occur.
Additionally, as the vehicle was stored in a garage for the 2 nights prior to me noticing the defect, I doubt that it was vandalised – especially as there were no footprints, and the dirty water marks (it hadn’t rained) indicated that the defect pre-dated my ownership of the vehicle.
Where do I stand in demanding that the dealer rectifies this defect?
Yours sincerely,
Colin Marshall
Colin, the normal procedure with the delivery of any new car is some kind of pre-ownership inspection, and the signing of a form to indicate both parties are satisfied. Under new regulations, codes of practice are legally binding, therefore if you can show that a procedure wasn’t followed this would support your case. see: http://whatconsumer.co.uk/misleading-commercial-practices-unfair-trading-regulations-2008/ refer to part 1.
I bought a round garden table from B&Q last July. On putting it together, the legs didn’t quite reach the screw holes in the table top comfortably. By pulling two of the legs out a little, I managed to attach the table top. After a couple of weeks of this extra strain, the top popped downwards and was significantly sloped from the sides into the centre.
I wanted a replacement, but was told by B&Q that if none were available, I’d have to wait until next july to get a prelacement.
Although I should have claimed the mney back and waited until this spring’s new stock came in to purchase a replacement. However, having bought the matching chairs I’d rather have a replacement.
The manager of the store has told me that as I didn’t seek a refund, and they weren’t able to offer me a replacement at the time, there’s nothing they can do.
Do I have any rights under the Sale of Goods act or other consumer rights/laws to have a replacement now that one is available.
Also, isn’t it common sense that a direct replacement now amounts to the same as giving me a refund last july then me coming back with the same money now for a new replacement – no net exchange of money has occurred!
Hopefully
Nigel
hey,
bought a car 6 weeks ago from a dealer however it has been stored in a garage all that time at my grans house so hasnt been used as i cannot drive it till im 19 which is a week way, however i went to get the car out of the garage yesterday and use the heated leather seats as it was abit nippy and they wouldnt not work, checked the fuse box and there was no fuse present for the heated seats and at the switches there was no wiring harness so the car hasnt even been wired for the heated front seats,
on the advert it actually specified that the front seats are heated and that the vehicle has a irmcher front grill, and they cost £200 but the car actually has a £30 unbranded look alike front grill, can i get my money back as the car has been mis-represented!
Hi there, you should definately be able to get your money back. Are you able to get hold of the seller? You should also read up abit on the misrepresentation act. Good luck.
I have got a pc around 5 months ago but I have recently had multiple problems and want to return it. Is it in my statutory rights to get a refund. I have also found better items for less money.