Re: Faulty Mobile Phone

On Thu, 27 Aug 2009 13:47:24 +0100, "Harry Stottle"
<thiswontwork@xxxxxxxxxxxxx> wrote:

"Peter Parry" <peter@xxxxxxxxxx> wrote

If neither repair or replacement is possible a refund rebated to take
into account the use you have had from the goods may be offered (SoGA
48(C)(3).

This is where the problems can start to arise, it states in the above quote
"- may be offered -", which could mean that the offer could be refused by
the customer,

The customers only options (if repair or replacement are refused on
the grounds contained in S48B that they are disproportionate in
comparison to an appropriate reduction in the purchase price) are:-

(a) [to] require the seller to reduce the purchase price of the goods
in question to the buyer by an appropriate amount, or
(b) [to] rescind the contract with regard to those goods,

(a) would be appropriate if for example the goods were damaged
cosmetically but were otherwise functional, the buyer might prefer to
keep them and accept a price reduction for the damage. It would be
for the customer and retailer to negotiate a mutually satisfactory
figure.

If option (b) is chosen and the buyer rescinds the contract the seller
is allowed to reduce the price refunded to take into account use the
buyer has had from the product.

There are no other options. They are perfectly at liberty to refuse
any refund but they don't get any other choices as a result.

or it could mean that no offer need even be given,

No, if neither repair nor replacement have been provided the same two
choices bind the seller as well as the buyer (S49C(2)(b)). The seller
has no option about it.

then we
have the problem of taking into account the amount of use someone might have
had from the goods, in order to determine how much compensation should be
paid, and how is the customer going to prove this?

The usual method would be a simple time calculation based upon period
of ownership and expected life. If the buyer and seller disagreed on
the basis of such a calculation a court would have to decide for
them.

but if that replacement was a scratched
and grubby item that stunk of cigarette smoke, then that would not be
acceptable to me, especially if the faulty item that I returned was in like
new condition, so the law needs to clarify what is and what is not
acceptable for refunds, replacements, and repairs,

It often can't, that is why it is written in vague terms. The factors
you are talking about are treated as "matters of fact", in other words
something a court would decide upon the evidence on the day in court.
It would be reasonable to expect a replacement to be in good condition
for an item of its age and fully functional and for any repair to
restore the item to full functionality..

and also clarify what is
an acceptable time to repair, replace or organise a refund for a faulty
product.

That is likely to be clarified in the upcoming revision of consumer
law by the EU. You may not like the result though as, unless it is
altered, it will significantly weaken consumer rights in the UK.

For time to repair 30 days is being considered, two repairs or one
replacement will have to be provided before rescission becomes
available as an option. The old right to reject goods which are found
to be faulty on receipt would be removed.

Until the law is clarified, we are always going to get the
arguments of retailers interpreting the law as to what best suits them, and
consumer groups and customers interpreting the law in favour of the
customer.

To an extent you are always going to get that. The nature of goods
and the wide range of available quality of goods makes it impossible
to fix hard and fast targets on everything.
.

Relevant Pages

  • OT: Re: Espresso machine malfunctioning, request assistance
    ... It is just not cost effective to box up a 40 or 70lb machine and send it halfway across the country for replacement of a solenoid valve. ... If the dealer eats only the return shipping cost he risks having an angry customer, so it is a no-win situation for the dealer unless he can talk the customer through doing the repair. ... I told him that there were few replaceable parts on a fridge and only two that he could possibly change even if he were very competent - the thermoststat and the fuse. ...
    (alt.coffee)
  • Re: Freezing :-( (follow up)
    ... replace faulty goods they have sold which are still under warranty." ... repair or replacement at their discretion. ... This won't stop you claiming a replacement or refund if the ...
    (uk.games.video.xbox)
  • Re: Faulty goods with non cash payment
    ... entitled to repair or replacement with the customer having the choice. ... assuming a sale by a business to a consumer. ... 48Bof the Sale of Goods Act allows the consumer to require repair ...
    (uk.legal)
  • Re: Faulty goods with non cash payment
    ... entitled to repair or replacement with the customer having the choice. ... assuming a sale by a business to a consumer. ... 48Bof the Sale of Goods Act allows the consumer to require repair ...
    (uk.legal)
  • Re: Laptop hinge repair
    ... Yes, you are right that the title of this group includes the word "repair", but I can't believe how literally you seem to take that. ... Repairing often involves fitting new genuine replacement parts, and especially it does when you are doing the work commercially ... ... In my past experience of such jobs when I have carried them out in order to do the customer a favour they are rarely appreciative - whats worse, if a "bodge" subsequently fails, no matter how far down the line, your reputation will suffer. ... Such 'missing' items are often as a result of a cost cutting exercise by the manufacturer, and do not alter the electrical or mechanical safety specs in any detrimental way. ...
    (sci.electronics.repair)