Sale & Supply Of Goods Act 1994

[flip_flop]

Can anybody help with this please?

Under the Act there is an implied term that goods are of satisfactory quality and that they are deemed not to be of satisfactory quality if they fail within 6 months.

Can anybody point me in the direction of where I can find reference to 6 months please?

I'm currently in mid-argument with Argos over a 4 month old mobile phone which, having been sent away for repair, can't be repaired and they are trying to wash their hands of it.

The branch keep on trying to fob me off by telling me to talk to the manufacturer but are struggling with the concept that my sale contract is with Argos not the manufacturer.

Many thanks in advance.

[dotty.]

mobile phones don't come under the same time period as white goods or large electricals,

[Lakitu]

Your mobile handset will normally have a manufacturer's guarantee that you can claim on if your phone develops a fault during the guarantee period. But it won't be covered if you've caused the damage yourself or misused the phone.

Regardless of the manufacturer's warranty, under the Sale of Goods Act the retailer is obliged to offer a refund, repair or replacement if your mobile handset develops a fault within a certain time period. Your options depend on what's happened and how old the mobile handset was when it developed the fault.

Generally speaking, if the fault develops within six months the law assumes that the fault was inherent in the phone unless the retailer can actually prove otherwise. After six months, you may be required to prove you didn't cause the fault, for example by mishandling the phone.

http://www.which.co.u...-mobile-phone-rights/

[hc4361]

Yes the do, dotty. There is no separate category for white goods or large electricals.

[New Judge]

Don't even think of bothering with the manufacturer.

As you have correctly assumed and as Lakitu has reiterated, the retailer has the obligation to repair, replace or provide a refund for goods which fail (the choice of which method of restitution is made is yours). Up to six months from purchase and the retailer has to prove that the item had been misused or damaged by you in order to avoid liability. It's as plain and as simple as that. This article gives some general information but makes specific mention of the "six month" rule:

http://www.thisismone...-warranty-EU-law.html

Speak to the manager at Argos and point out the law to him/her. A threat to make a call to the local Trading Standards office should do the trick. If it does not, contact them as threatened and they may be able to help without you having to seek redree in the Small Claims court.

[whiskeryron]

http://www.argos.co.u...ReturnsAndRefunds.htm

[whiskeryron]

Read ''If There's A Fault With the Product''

[flip_flop]

Thanks all.

[tonywiltshire]

As has been said your basic rights are contained in the 1979 sale of Goods Act, as amended. In 1994 section 14 was amended, up to that time goods had to be of merchantable quality a term with uncertain legal meaning, in the 1994 act this is changed to satisfactory quality which is far more straightforward. Section 14 also requires goods to be fit for the purpose for which they were intended (a mobile phone is to make telephone calls to others). If goods fail in the first 6 months you may presume they were faulty at purchase and it is for the retailer to prove otherwise, not you. They will probably claim that as you used it for 4 months this shows it was not supplied in a faulty condition, do not accept this argument (it was supplied in a condition to fail in 4 months)
But you must act promptly, I suggest you write to the retailer, head your letter “letter before action” refer to your earlier contacts and remind them that under the 1979 act, as amended, goods must be of a satisfactory quality, suitable for the purpose and as thegoods have failed after 4 months it is for you (the retailer) to show they were not supplied in a faulty condition, send by recorded delivery and keep a copy, the courts do not use recorded delivery they use normal post and service is considered made by the second day, but I would still use recorded delivery. Give them 30 days to replace or refund the cost of your telephone (your choice), 30 days is a reasonable period and English courts like reasonable behaviour, and if they do not agree you will commence action in the county court. Your letter should make them sit up and take notice and will get you talking to the right people but if they will not agree start your action. Good luck.