Mobile Phone Faulty -Goodwill

[tali1]

In just under a year i have returned my phone for repair 4 times before they replaced it .Now the replacement(which is a refurbished phone and not a new one) needs to go in for repair (which is obligatory anyway)
Carphone said they will goodwill me 1 months refund of £7.50.
Just asking is this okay or not- or does SOGAct cover me for a lot more ?

[tonywiltshire]

Your basic rights are in the Sale and Supply of Goods act 1979, as amended, goods must conform to contract, be as described, of satisfactory quality and fit for purpose, your contract is with the supplier of the goods not the manufacturer.
You may wish to remind the supplier of their responsibilities, which can last for up to 6 years.

[tali1]

Reply from Carphone
"'[I]im sorry to hear that you're still unhappy.

As per the Sales of Goods Act, a retailer has to offer you either a repair or exchange and the decision to which is offered, lays with the retailer. In this instance, a repair is being offered which is fully in line with the Sales of Goods Act.

I must again advise that a gesture of goodwill for one months line rental has been offered, if you would like to accept this, please confirm by replying to my email.[/I]"

[DJHawkes]

they've done it in the right order, repair replace refund is the mantra most retailers follow. Though after 4 repairs I admire your patience, personally i would have asked for a replacement after 2 faults.

[tali1]

Patience is due to the fact that i am not a heavy user at all -so i could cope with problems :)
Their rules are tight - replace after 3 faults within 90 days( and i think it has to be same fault)

[tonywiltshire]

If your mobile phone has developed 5 faults in a little over a year I would argue it is not of satisfactory quality, if the first fault developed in under 6 months it is for the retailer to show it was not an inherent fault with the phone. Satisfactory quality is what a reasonable person would regard as satisfactory taking into account all circumstances including price. In section 14 of the 79 act it states merchantable quality in the 94 act this is changed to satisfactory quality which is much more straightforward. Do not be fobbed off these are statutory rights; you may be interested in section 48B.
I suggest you read the legislation with care and take professional advice if you intend to succeed.