Know your rights!

Aug 4, 2004
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Sale of Goods Act Quick Facts

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.

For more information please visit http://www.dti.gov.uk/consumers/fact-sheets/page38311.html.. In essence your caravan is covered for a period of 6 years and this would include water ingress regardless of whether the manufacturer included it in the warranty. Obviously it would be up to you to prove that it was a result of poor manufacture that the problem had occured. However if one takes into the account the price one pays for a caravan, it is expected that it should last longer than 6 years. If you do not service your caravan on a regular basis you will not have a leg to stand on. It does not have to be a franchised dealer but probably will need to be an approved workshop even if they are mobile.

A lot of us are splashing out money on repairs that are the result of poor manufacture but only show up after 3 or 4 years once the warranty has finished. I have challeged this on a number of occasions not only on caravans but other goods and generally have won as the dealer has backed down. It must be remembered that probably the majority of folk only use their caravan three or four times a year and more than likely the manufacturer knows this and it is built into their calculations so they work on that borderline tgo save money. I defy any manufacturer to refute this statement because at their peril I may be able to prove otherwise!

IMHO caravans should have a 5 year warranty on structure taking into account fair wear and tear. There should be a 8 to 12 year warranty on water ingress not just six years. Reading the above you will now undeerstand why some manufacturers offer a 6 year warranty on water ingress. All thyey are doing is avoiding what could be an embrassing court case! The car industry normally has a 12 year rust perforation guarantee. The first manufacturer to come up with this will restore faith in British built products and I will be one of the first to be interested in this product. If Hyundai can offer an 5 year warranty why can't the caravan industry offer the same? Why do we have to put up with caravans with no shock absorbers when the state of our roads is rapidly deteriorating and a lot of people are now starting to use CLs and rally.

I hope this post helps just one person tackle a dealer on poor performance which includes work not under warranty but within sixyearstime scale Most dealers have no idea what is contained the sales of goods Act and will try and fob you off! Don't let them do this to you. Don't sit back and wait six months for parts to arrive. IMHO 30 days is a reasonable time to wait for spares otherwise compensation should be considered for inconvenience.
 
May 29, 2007
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These are only points and not the actual sale of good act.

This can be viewed on the trading standards web-site.

Before going in and spouting this jargon, take advice on it.

For instance, if a product has two prices a retailer is NOT obliged to sell it for the lower of the two prices. He may offer it to you at the lower price as a gesture of goodwill.

However if this is not the case it must be removed,alongside any remaining stock from sale for 24hours.

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 - This is one of the biggest loopholes and may only cover you for up to 28 days
 
Mar 14, 2005
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Hello Ian,

Well done for attempting to condense the salient points of the consumer's protection afforded under the relevant acts.

Whilst what you have written is extracted from the acts, it is easy to draw the erroneous conclusion that a consumer can expect a full refund if the goods are faulty, Well that is only likely in some limited circumstances. Depending on the nature of the fault and the product, and if it is likely that a repair or the replacement of a sub assembly is likely to fully restore the product to full functionality, then a full refund is not a foregone conclusion.

Except where it is a legal requirement, regular servicing is not always a prerequisite to maintain warranty cover on a product. For example as the majority of gas regulators are sealed for life, there is no service that can be carried out on them, so their warranty status should not be dependant on the service record of the caravan as a whole.

Like you, I deplore the general quality of design, materials and workmanship in the majority of UK sold caravans. Considering the relatively light usage that most caravans endure (3 to 4 weeks a year) the durability of them is appalling. It really needs a similar approach to design and build quality that most car manufactures apply, and if that were to happen I believe we could see caravans that are lighter, and more durable.
 
Aug 4, 2004
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Diane, I clearly pointed out that it was a "FACT SHEET" but I also gave a web link to the site if someone wants to find out more as the are other links to actual Act which is very detailed. Secondly the Sale of Goods Act has nothing to do with prices prior to purchase. It covers you after the purchase!

As for your last comment, I suggest you re-read the fact sheet. No wonder the dealers try and take us for a ride when people have such negative attitude. Try and be a little more positive and a whole new world will open for you.
 
Aug 4, 2004
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Hello Ian,

Well done for attempting to condense the salient points of the consumer's protection afforded under the relevant acts.

Whilst what you have written is extracted from the acts, it is easy to draw the erroneous conclusion that a consumer can expect a full refund if the goods are faulty, Well that is only likely in some limited circumstances. Depending on the nature of the fault and the product, and if it is likely that a repair or the replacement of a sub assembly is likely to fully restore the product to full functionality, then a full refund is not a foregone conclusion.

Except where it is a legal requirement, regular servicing is not always a prerequisite to maintain warranty cover on a product. For example as the majority of gas regulators are sealed for life, there is no service that can be carried out on them, so their warranty status should not be dependant on the service record of the caravan as a whole.

Like you, I deplore the general quality of design, materials and workmanship in the majority of UK sold caravans. Considering the relatively light usage that most caravans endure (3 to 4 weeks a year) the durability of them is appalling. It really needs a similar approach to design and build quality that most car manufactures apply, and if that were to happen I believe we could see caravans that are lighter, and more durable.
Thanks, that is why we should be more positive about standing up for our rights. Most times we are not seeking a refund but a replacement in working order.
 
Jul 11, 2005
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This is similar to what has happened to us.

We bought a dishwasher from Comet 20months ago. Its now faulty.

We went back to the shop but the manager said it was out of warranty, all he could suggest was to send out an engineer at our expense.

I wrote to head office by recorded delivery with a few lines from the Sale or Goods Act 1979 about unsatisfactory quality and fit for purpose,safe and durable, and gave them seven days to respond.

They e.mailed me back within two days. They are sending an engineer along next week free of charge.

But I must add that I have always found Comet a good company to deal with anyway, they just need a little push now and again.

So it seems that you have to stand up for yourself and be firm.

Edd
 
May 29, 2007
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Oh well as i seem to know nothing and don,t actually deal with trading law on a daily basis, I will just shut my mouth and go away.
 
Jan 2, 2006
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Diane you are of course correct regarding items duel priced or incorrectly priced the retailer is under no obligation to sell at that price or any other for that matter it is merely an invitation to treat,(well it was when I took law exams)
 
Aug 4, 2004
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Oh well as i seem to know nothing and don,t actually deal with trading law on a daily basis, I will just shut my mouth and go away.
Diane, you are perfectly entitled to express an opinion whether they are right or wrong.
 
May 29, 2007
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its not a case of being correct or incorrect Ian. Its a case of i have to deal with tradeing law on a daily basis. Unfortunately when you give some people a good intention and a small amount of knowledge that is when things can go horribly wrong.

It could be a point to one misplaced word that can make any agreement null and void.

That is why it is always better to seek legal advice and having it put in laymans terms before doing anything.
 
Mar 14, 2005
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I have been banned from a well known country wide electrical retail outlet for voicing my threat of taking them to the small claims court whilst on the shop floor and in front of other potential customers. I had purchased a car radio/cassette player which was faulty and the exchanged unit was just as bad. I claimed my money back and the cost of replacement for the chewed up tapes and was offered a credit note. After a few verbal exchanges and the threat of court action they agreed for me to have a total refund and also payed for the cassette tapes. The final comment from the manager was that I was banned from the store as they did not want trouble makers on their premises.

They have now opened new premises in town and I took my mother in law there to buy a new fridge/freezer. We agreed on the model and then they asked for a furthe
 
Mar 14, 2005
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Dianne - Thursday 16th. August my wife wanted a few odds and ends in town prior to setting off to France (by the way have I mentioned I have been to France for two weeks lately?). She decided to want to go to Tesco in Brewery Lane. I was going to initially wait for her on the forecourt of the petrol station. However this plan fell through and I ended up taking the caravan around the main Tesco car park. Went shopping today and at the checkout Wendy (from Maesteg - vicar's wife) asked me why on earth did I take such a big caravan into the car park as she was leaving for home and that I caused total mayhem there. It was very difficult to swing back out onto the road so would it be possible in future times for the car park exit back to the dual carraigeway be altered to allow for larger vehicles to have easier exit from the park. Should be interesting viewing on the car park CCTV.
 

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