Sale Of Goods Act Question

    I was at work on Saturday and a customer returned a faulty Xbox 360 for a new one which I promptly replaced without any hassle.

    He then went on to ask me if he was to get a new 12 months guarantee on the console. I replied by saying no and said its a year from the date he originally purchased the console.

    He then said according to the sale of goods act (or something like that) he was entitled to a refund and could then buy the console again.

    I wouldnt have given him a refund as our policy states refunds are only given on faulty item where no replacement is available.

    Can someone please clear this up for me as Im sure Im right...

    He was a right *******was moaning because I only replaced the Xbox and not the whole kit.



    If thats your stores policy then yes I'm sure you are right.

    I'm sure under the sales of goods act that if an item is deemed as faulty, the supplier has the chance to repair or replace with same item without offering a refund.

    It is only some places that offer a refund for the full warranty period, it is not under the sales of goods act that they do so.

    Might be worth a phone call to Trading Standards, but I would say the guarantee should start the day he received the replacement:-

    The warranty starts on the original purchase date, and ends after the warranty period stated.

    You do not get a new warranty with a replaced/repaired item (apart from maybe the 90 day warranty of a repair, but this only covers the fault that was repaired, not something unrelated).

    Original Poster

    Cheers guys...if he comes back in he'll have a suprise!!

    You aren't entitled to a refund unless the retailer doesn't repair / replace within a reasonable timeframe (28 days is standard but varies from item to item).
    He is however entitled to a new warranty as any item is guarunteed for twelve months by UK statute (first 6 months retailer must disprove fault, 2nd consumer must demonstrate fault). By EU directive this is extended to two years as per the rest of Europe. Every item is subject to this rather than every sale. He is right to claim that he should get a new warranty, and you denying this is a breach of his rights - which allows him to treat the consumer contract as breached, and thus should be rescinded, thereby entitling him to a refund. He didn't have a right to one, but you gave him it.

    Original Poster

    He didn't have a right to one, but you gave him it.

    Right to what??

    A refund - His argument will be your refusal to give the new 12 months on replacement is a breach of hia SOGA rights therefore the contract is voidable and he wishes to do so therefore entitling him to be returned to his precontractual position - ie with the cash he paid back.

    Original Poster

    So if I was to take back my dodgy 360 to Currys (which I have done 3 times now) after a year from the initial purchase...but not a year from when the item was replaced for the third time. I'd still have a guarantee and could extend this to another year if I was to get another replacement?

    Yes but after 6 months from replacement it'd be down to you to proove the fault rather than the onus being on the retailer.

    Original Poster


    Yes but after 6 months from replacement it'd be down to you to proove the … Yes but after 6 months from replacement it'd be down to you to proove the fault rather than the onus being on the retailer.

    So this can go on for two years from the original purchase date?But after two years he cannot get another 12 months?:?

    Im confusing myself

    It can go on indefinitely - all goods have to last for a reasonable length of time by law, so each replacement has it's own period it must last for.
    The fault however switches the burden of proof by date.
    From date of recieving item (ie replacement) for the first 6 months you can take it back and for them to refuse a repair/replacement/refund they must proove it works 100%, from months 6-12 you have to show that it doesn't work 100% - alot harder with intermittent faults for example.

    Original Poster

    You 100% sure?

    Thanks :thumbsup:

    Yup, 99.99999%.
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