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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I recently purchased Air to Air heating. After complaining

Customer Question

I recently purchased Air to Air heating. After complaining it was not really efficient , I had a visit from a member of the company, and was told it was only a back up and not a primary source of heating. The rep who sold me the heating said I could get rid of the radiators and the system would easily heat the whole house. This cost me £9,500 .00 and is very expensive.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When was the installation made?

Customer:

March last year so I have only had a while to really try it out since the end of summer last year and it has proved very expensive , and only heats a small part of the house

Customer:

Also I took out a clearly worded Service contract and have been told it is only for damage so it is an insurance rather than service

Ben Jones :

ok let me get my response ready please

Ben Jones :

When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.


 


The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.


 


If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:


 


1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.


 


2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.


 


A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements above at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods were faulty at the time of sale.


 


As you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.

Customer:

I mean a whole central heating system not just something you can take down and return ,but now the company are telling me it was a back up system or air conditioning system.

Ben Jones :

the other option is to claim for misrepresentation or breach of contract, but again, it does not mean you can just force them to take it down and refund you. What do you see as the ideal outcome in this case anyway?

Customer:

I would prefer misrepresentation by I suppose that is hard to prove ,my word against theirs and all that.

Ben Jones :

I mean the outcome, how do you see this resolved?

Customer:

You are the expert you tell me.

Ben Jones :

well this is not about being an expert it id about identifying what you wish to achieve and then working towards that by using whatever laws are available to you

Customer:

At least some of my money back

Ben Jones :

ok your rights will remain unchanged in that respect, you are still looking at misrepresentation, where as you said it is your word against theirs, or claiming under the Sale of Goods Act by arguing it is not fit for purpose

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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