MaliA wrote:
BikNorton wrote:
The Sale of Goods Act would probably beg to differ.
This is what I would have thought, quick question though, is that with the shop that you bought it from, or the manufacturer?
The seller is liable for breach of an implied term of the contract (e.g. the fitness for purpose warranty implied by the SoGA). The seller can then claim against the manufacturer.
The Sale and Supply of Goods to Consumers Regulations 2002 have improved matters a bit. Where the seller breaches the SoGA with respect to implied terms of description/fitness for purpose/satisfactory quality, the SoGA as amended by the Regulations provides that the buyer now has the right to repair or replacement of the goods or to rescind the contract or seek a reduction in the price. I think formerly it was just rescind the contract and get a refund.
The buyer is entitled to repair or replacement if the goods do not confom to the contract of sale at the date of delivery (goods which do not conform at any point within 6 months from delivery are deemed to have not conformed on the delivery date. You've then got the statutory limitation peroid of 6 years to bring your claim), and the seller must bear the costs of labour, materials and postage.
If the seller can show that the repair or replacement is impossible or the cost is disproportionate, the buyer can decide to rescind the contract and get a refund.
As for "extended warranties", any warranty protection offered above that of (or in addition to) the SoGA can be on whatever terms the seller likes, but they can't override the buyer's statutory rights (and must, I think, contain a statement to that effect).
/potted contract law lesson