ChatterBank4 mins ago
What would you do?........
7 Answers
I upgraded my phone to a LG U990 on 3 just 20 days ago. I returned it today to the store, as it will not allow me to make or receive phone calls even though I have a signal. I was hoping to get a replacement only to be told that they will have to send it away to be repaired! and if they can't repair it I will have to claim off my insurance and pay the �25 excess in order to get a "Refurbished one". I am fuming. Is this right? It has a two year warranty with 3 but this is only to repair. I thought all electrical goods had a warranty to cover you for faulty goods.
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For more on marking an answer as the "Best Answer", please visit our FAQ.Sale of Goods Act, Faulty Goods.
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
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