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Joined: Aug 21, 2005 Posts: 1761 Location: Kent, England
Posted: Sun Jan 01, 2006 3:14 pm Post subject:
damonsk wrote:
halfors are well in a way operating within the law. they do have a right to refer you to the manufacturer if the item is over 28days old. .
That is not correct. Your contract is with Halfords not the manufacturer and if the item is not of "satisfactory quality" or "fit for purpose" (Sale of Goods Act 1979) it is the Halfords, not the manufacturer that is in breach of your contract with them. A manufacturer's warranty adds to the consumer's rights but cannot and does not remove their right of redress with the supplier.
Halfords have no right to refer you to anybody else, unless you want to be referred. If they think it is a manufacturer's problem it is for them not you to sort it out with the manufacturers (unless you decide you are happy to).
As you rightly point if something goes wrong within 6 months of purchase it is for the supplier to prove that it was not faulty when purchased (and therefore a breach of contract), not you to prove that it was.
..Peter, what about the fact that the sat nav has licensed software and therefore cannot be exchanged unless faulty? Does this alter the consumers rights in anyway?
Joined: Aug 21, 2005 Posts: 1761 Location: Kent, England
Posted: Tue Jan 03, 2006 8:56 pm Post subject:
bootruss wrote:
..Peter, what about the fact that the sat nav has licensed software and therefore cannot be exchanged unless faulty? Does this alter the consumers rights in anyway?
Nope - with very few exceptions suppliers can't contract out of the legislation when selling to consumers. But then consumer rights normally only deal with "faulty" goods - as defined by the legislation. That definition includes goods that are not of a satisfactory quality, not as described and not reasonable fit for their normal purpose. There is no automatic right to exchange of non-faulty goods unless it is specifically offered by the supplier - in which case the right is contractual and subject to any provisos in the contract.
There is however one exception. Items bought by phone or over the web are subject to the distance selling regulations - which allow return and full refund in any event within a short period, whether the goods are "faulty" or not.
With sat nav your contract is for the complete unit. It is irrelevant that it consists of both hardware and software (most consumer items do nowadays anyway, even your washing machine). If it is faulty it is a breach of contract whatever the fault is due to.
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