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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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Hello, I have a zenith watch that developed a problem with

Resolved Question:

Hello, I have a zenith watch that developed a problem with the dial. It is just over 3 years old and just out of warranty. I took it back to the shop where it was purchased in June 2013. It was then sent back to the manufacturer, who took almost 4 months to reply, and are claiming that the problem was caused by impact and therefore they will not accept responsibility. The cost of the repair is about £1000.00. I have disputed their version of events as I feel that the product should be able to withstand normal impacts. There are some minor marks on the watch but these can only be seen if magnified. I would be grateful for your advice and how I should proceed and what action I should take if I want to pursue under the Sale of Goods Act. The shop where the watch was purchased is in the UK, the manufacturer is Swiss.

Many thanks

Derek Welsh
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

MY name is XXXXX XXXXX I will assist you.

There is an implied condition of sale of goods under the Sale of Goods Act 1979 that any goods should be reasonably fit for their purpose. Regardless of what the warranty says, with a non perishable item you could argue that due to contractual limitations lasting for six years, any seller of goods liable for up to six years if the watch is not reasonably fit for its purpose. The problem you have is that the manufacturer has said the damage has been caused by impact. There what you need is a second opinion to show that is not the case and it is an inherent fault with the watch.

I would suggest you write to the shop as follows and say as follows:
1. The watch you were sold was not fit for its purpose;
2. They are therefore liable to repair the watch of the describe defect;
3. If they do not agree to do this you reserve the right to either have the repairs done yourself at which point you will recover any costs from the shop and/or make a complaint to Trading Standards. www.tradingstandards.gov.uk/‎

If they do not at least offer you something, you will have to either get a second opinion or complain to TS.

Kind regards

AJ



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