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    Sale of Goods Act 1979

    Banned
    This is for everybody who says something breaks just after one year.
    Cannot see this has been posted before and its my first so be kind.

    Sale of Goods Act Fact Sheet
    Subject:
    Sale of Goods Act, Faulty Goods.

    Relevant or Related Legislation:
    Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.

    Key Facts:
    Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

    Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

    Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

    It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

    If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

    For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

    A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.

    If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

    In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

    If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

    After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.


    Two letters follow to hep you.

    22 Comments

    Original Poster Banned

    Your name
    First line of address
    Second line of address
    Third line of address
    Fourth line of address
    Contact telephone number
    Owner/Manager’s name
    First line of company address
    Second line of company address
    Third line of company address
    Fourth line of company address

    Today’s date

    Dear Sir/Madam,

    RE: Faulty goods and the Sale of Goods Act 1979 (as amended)

    On [date of purchase] I bought a [description of purchase] from you for [insert price] which has stopped working.

    The problem is [enter description of fault].

    The Sale of Goods Act 1979 (as amended) states that when a consumer buys goods from a trader they must be: as described; of a satisfactory quality; and fit for the purpose made known at the time of sale by you or the seller.

    This legislation also states that the seller, not the manufacturer, is legally obliged to sort out a problem if the goods do not meet these requirements.

    The Sale of Goods Act 1979 (as amended) says: if goods break within the first six months after purchase then there is a presumption the goods were faulty when sold.

    My goods are not [delete as appropriate - as described/fit for purpose/of satisfactory quality] and I wish to claim a [delete as appropriate - repair/replacement/refund] of my goods under the Sale of Goods Act 1979 as amended.

    Please respond to my complaint within 7 days from receipt of this letter.

    Yours faithfully,
    [your name]

    berr.gov.uk/wha…tml

    Original Poster Banned

    ADDRESS HERE AS PREVIOUS

    Dear Sir/Madam,

    RE: Faulty goods and the Sale of Goods Act 1979 (as amended)

    On [date of purchase] I bought a [description of purchase] from you for [insert price] which has stopped working.

    The problem is [enter description of fault].

    The Sale of Goods Act 1979 (as amended) states that when a consumer buys goods from a trader they must be: as described; of a satisfactory quality; and fit for the purpose made known at the time of sale by you or the seller.

    This legislation also states that the seller, not the manufacturer, is legally obliged to sort out a problem if the goods do not meet these requirements.

    The law also says I have six years from the date of purchase to claim damages for faulty goods.

    My goods are not [delete as appropriate - as described/fit for purpose/of satisfactory quality] and I wish to claim a [delete as appropriate - repair/replacement/refund] of my goods under the Sale of Goods Act 1979 as amended.

    Please respond to my complaint within 7 days from receipt of this letter.

    Yours faithfully,
    [your name]

    A good post, well done and thank you

    A great post, sure to be useful. Thanks :thumbsup:

    yes really good

    Thank you, very handy. Im just about to return a pushchair to littlewoods as gone faulty within 5 months, think this will help !!!!

    Rep added, for helping people nice to see

    "Sale of Goods Act 1997"

    Might want to fix that to 79 as am.

    RUDOLF;5876573

    Your nameFirst line of addressSecond line of addressThird line of … Your nameFirst line of addressSecond line of addressThird line of addressFourth line of addressContact telephone numberOwner/Manager’s nameFirst line of company addressSecond line of company addressThird line of company addressFourth line of company addressToday’s dateDear Sir/Madam,RE: Faulty goods and the Sale of Goods Act 1979 (as amended)On [date of purchase] I bought a [description of purchase] from you for [insert price] which has stopped working.The problem is [enter description of fault].The Sale of Goods Act 1979 (as amended) states that when a consumer buys goods from a trader they must be: as described; of a satisfactory quality; and fit for the purpose made known at the time of sale by you or the seller.This legislation also states that the seller, not the manufacturer, is legally obliged to sort out a problem if the goods do not meet these requirements. The Sale of Goods Act 1979 (as amended) says: if goods break within the first six months after purchase then there is a presumption the goods were faulty when sold.My goods are not [delete as appropriate - as described/fit for purpose/of satisfactory quality] and I wish to claim a [delete as appropriate - repair/replacement/refund] of my goods under the Sale of Goods Act 1979 as amended.Please respond to my complaint within 7 days from receipt of this letter. Yours faithfully,[your name]


    If you have the name stick it in the letter, and use yours sincerely. Having a name then putting sir/madam is just silly.

    "The law also says I have six years from the date of purchase to claim damages for faulty goods."

    Not strictly true, it's the statue of limitations that time bars claims after 6 years automatically, it could be an awful lot less than that, even a day or two for persihables.

    "Please respond to my complaint within 7 days from receipt of this letter. "

    They won't respond any faster just 'cause you asked nicely.

    What a poor misleading post.

    These are the type of internet post, that make people thing they always have a 6 year guarantee on everything. That they can claim a refund, whenever they want etc. This is simply not the case.

    Original Poster Banned

    sven256;5877747

    What a poor misleading post.These are the type of internet post, that … What a poor misleading post.These are the type of internet post, that make people thing they always have a 6 year guarantee on everything. That they can claim a refund, whenever they want etc. This is simply not the case.



    this is from the office of fair trading and is law:thumbsup::oops::whistling:

    berr.gov.uk/wha…tml

    Banned

    RUDOLF;5879744

    this is from the office of fair trading and is … this is from the office of fair trading and is law:thumbsup::oops::whistling:http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html



    the law does not say you have a 6 year guarantee, and thats whats misleading as it looks to a lot of people like it says you do.

    seancampbell;5877656

    "Please respond to my complaint within 7 days from receipt of this … "Please respond to my complaint within 7 days from receipt of this letter. "They won't respond any faster just 'cause you asked nicely.



    I would say to put a time limit, but the retailer needs a reason to respond in 7 days.

    colinsunderland;5879923

    the law does not say you have a 6 year guarantee, and thats whats … the law does not say you have a 6 year guarantee, and thats whats misleading as it looks to a lot of people like it says you do.



    +1

    colinsunderland;5879923

    the law does not say you have a 6 year guarantee, and thats whats … the law does not say you have a 6 year guarantee, and thats whats misleading as it looks to a lot of people like it says you do.



    I didn't read it that way o.O But I guess there will be plenty who would.

    seancampbell;5877656

    "Please respond to my complaint within 7 days from receipt of this … "Please respond to my complaint within 7 days from receipt of this letter. "They won't respond any faster just 'cause you asked nicely.



    Yes, I would be more inclined to say something along the lines of "I await your reply" or something like that.

    The general letter template is decent enough though, I would definitely modify it of course if I were to use it, but it's a starting point

    Think this is a useful post but, I would hightlight this aspect to any purchaser who thinks using the sale of goods act is a six year guarantee

    In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

    Proving faults on electrical goods (and others) is a minefield. Unless it was something dealt with by a product recall you stand little chance of the retailer assisting you.

    If I were a retailer my response would be

    Dear Sir/Madam

    If you can prove that the fault on your goods was evident at manufacture I will glady refund/replace. Sadly I wont be able to help if you can't.:roll:

    I used this act to get Currys to repair my 2year old plasma - no prob. what so ever.
    I'm never going to take out an extended warranty... no need.

    i had to pay 96quid for someone to look at it and diagnose the problem.
    Then told currys
    they said to go ahead with the repair.
    they then paid me 396quid... (the initial diagnose and the fix)

    all good.

    the goods do NOT have to faulty at the time of manufacture..... if they developed the fault since, but the goods have not lasted a reasonable amount of time (7years for a TV is considered reasonable) then you are able to get the repair/replacement from the firm you bought it from. If in any doubt, then just buy from Currys, as I'm proof that they will uphold this law...... also mentioned on the letter that I would pursue through the small claims court if they could not help. The whole process... getting it diagnosed, fixed and the refund from currys took no more than 2 weeks. (that includes the 5 working days I had to wait for the money to hit my account)

    ((( just ask the engineer you call out to include the cause of malfunction too.... if it is drenched in coffee on the inside you're not going to get your claim are you!!!! )))
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