sale of goods act

[ellingstone]

Can a company charge fuel surcharges to come an fix my hottub that is still under guarantee. Reading through the warranty it states that they can. I think this may be wrong . Any veiws people

[Ethel]

This is a tricky one. How much do they intend charging? How old is the hot tub?
Is it the manufacturer or supplier that is going to do the repair?

[Buenchico]

(2-part post):

To answer this question properly, it's important to separate your statutory rights from the warranty agreement.

Even if you've not got any warranty, any item you purchase should be expected to last, without any faults occurring, for a reasonable period of time. In most cases you're entitled to a repair or replacement if a problem develops due to an inherent fault (such as poor workmanship or the use of poor quality components) within 6 years from the date of purchase. The provision of such a repair or replacement should not leave you out of pocket.

Unless there is evidence to the contrary (such as obvious proof of misuse) there's an automatic legal assumption that any fault which develops within the first 6 months from the date of purchase must be due to an inherent fault. Thereafter it's up to the purchaser to show, based upon the balance of probabilities, that the most likely cause of the problem is an inherent fault.

As stated above, any remedy provided under your statutory rights should not leave you out of pocket. Also, your statutory rights are with the retailer, not the manufacturer.

[Buenchico]

A warranty, however, is completely different. It's either a 'gift' from the manufacturer (or possibly the retailer) or a contract which you've paid to enter into (with either the manufacturer or retailer). If it's a gift, the giver has the right to define exactly what it is that they're giving to you. (e.g. free parts and labour, but only if you pay for the fuel required to attend your premises). If it's a contract which you've paid to enter into, you can only expect to receive what the contract states you'll get in return for your money.

In short, if you're claiming against the retailer, under your statutory rights relating to 'inherent faults', you shouldn't be charged for fuel. However, if you're making a warranty claim (either with the retailer or manufacturer) the terms of the warranty apply and you can be required to pay for fuel.

Chris