Statutory Rights
WHEN THE CUSTOMER’S ALWAYS RIGHT
When a customer buys anything from a shop, they have certain rights under the Sale of Goods Act, often referred to as statutory rights. But what are those rights?
The law states that, when someone buys goods, they must be ‘fit for the purpose’ and be of satisfactory quality. In other words, whatever is bought must do what it’s supposed to, be in good condition, free of faults, safe and must last for a reasonable length of time. But this is where the ambiguity lies. Different products can have different life spans and even two identical products can have varying life spans depending on how much they’re used. Yet, a customer can make a claim on anything up to six years after they’ve purchased it. Crucially, if they do have a claim, the retailer - though not necessarily the manufacturer - is always liable!
LIABILITY v WARRANTY
If a customer wants to make a claim, the breakdown of the product has to be the result of a defect that was present at the time of purchase – though they needn’t have been aware of it. But many retailers hide behind the manufacturer’s warranty. During the warranty the retailer still has the same responsibilities – and when it expires, the shop’s legal obligations remain.
If goods are less than six months old, it’s up to the retailer to prove that the fault wasn’t present at the time of purchase. For anything older, the retailer is entitled to ask the customer to provide evidence of the fault.
If the retailer isn’t prepared to admit liability for the product’s fault or make good any repairs for free the customer should contact an independent repairer for a report on the nature of the fault. Once it’s been proven that the problem has been caused by a manufacturing fault, they are within their rights to ask the retailer to repair or refund the appliance. If the cost is disproportionate you can offer a refund instead, though it may not be a full refund, depending on how much the product has been used.
If the customer doesn’t want to wait for the retailer to assess their claim, they can pay someone else to fix the item. As long as it provides evidence of a manufacturing fault, the customer can claim the cost of repair from the retailer.
Of course, if you refuse to settle a claim then the customer can take the matter to the small claims court. The judge can order the retailer to settle the claim and pay legal costs.
Example
A friend of mine bought a second hand car from a local dealer, but within a couple of days the car broke down. When she contacted the dealer he tried to argue that fixing the car wasn’t his responsibility. In fact he went on to say it had probably broken down because she’d driven it somewhere! Clearly a case where the product wasn’t fit for the purpose. Thankfully, the dealer took back the vehicle and replaced it with one that went past GO.
