Sale of goods act - leaky tent.

[matt_london1]

Last August I bought a new tent (�175) from a large camping store about an hours drive from where I live. The man at the shop advised me to erect it as soon as I could to confirm that nothing was missing, which I did and no problem. Due to work commitments and bad weather we have not been able to use it until this weekend when we went away for a couple of nights. We have discovered that the tent leaks very badly. So badly that I was having to scoop the water out of the corners of the tent with plastic cups. I counted eleven cups worth before I had even finished!
So my question is, after eleven months am I still entitled to a refund (preferebly) or a repair (second preference). Also, is the shop obliged to cover my travel or postage costs in returning the goods?

[twizzle]

when we bought a tent we were advised to put it up and get it wet before going away. this was to make it weatherproof -i was told it would seal the holes left from stitching. i know this doesnt answer about a refund etc but the shop could say you should have done this.

[matt_london1]

I have heard that too. However, it rained on Friday night (tent leaked then small bit). Was sunny all day Saturday and totally dried out, then rained Saturday night and leaked even worse! So thats that theory busted!

[Buenchico]

Please read my answer, about consumer rights, here:
http://www.theanswerbank.co.uk/Shopping/Questi on431861.html

That question is about a camcorder but exactly the same will apply to tents. i.e. if you can show that the tent is defective because of an inherent fault (e.g. because the manufacturer failed to adequately waterproof it), the retailer is obliged to remedy the defect by offering a repair or replacement. (You have no right to a refund because, after 11 months, a court would almost certainly rule that you'd legally 'accepted' the tent, despite the fact that you'd not used it during that period). The retailer would also be responsible for meeting your travel or postage costs.

However, what I've written assumes that the tent was meant to be waterproof in the conditions under which you used it. If, for example, it was described as having an 800mm hydrostatic head, you could only expect it to remain waterproof in light showers. The tent could not be regarded as defective if it leaked under more severe weather conditions. (A tent with, say, a 1200mm hydrostatic head could be expected to remain waterproof under most normal UK weather conditions but you'd still have no cause for complaint if it leaked when subjected to a lengthy torrential downpour. If the hydrostatic head was quoted as 2000mm you could reasonably expect it to remain waterproof in the worst UK weather conditions).

Chris