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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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i purchased a settee 10 months ago with a 25 year guarantee

Customer Question

i purchased a settee 10 months ago with a 25 year guarantee one arm always creaked. but it became loose last week i informed the shop who sold it to me. today a repair man came. he said the settee was damaged in transit and was broken when supplied to me i m not happy with the repair ( bodged with plates ) he made what can i do please
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

can i get a replacement settee .or money back or a proper repair

Expert:  Jo C. replied 3 years ago.
What does the guarantee say that they must do please?
Customer: replied 3 years ago.

25 year frame and frame assembly guarantee .all wood and wooden components in your furniture

Expert:  Jo C. replied 3 years ago.
Is that all it says?

Or does it commit them to a replacement or a repair?
Customer: replied 3 years ago.

just said 25 year guarantee

Expert:  Jo C. replied 3 years ago.
Ok. Thanks. They could argue they have complied.

What is wrong with the repair?
Customer: replied 3 years ago.

the long piece of wood along the bottom of the settee is to short. so there is a gap where it joins onto the arm this could never have remained secure over time they should have packed and redowled and re glued . instead they fitted bridging plates onto an already split marine ply arm structure this is not good on £2000 settee and the steel plates show through the leather i purchased a nice leather settee on a wooden frame i have settee with a broXXXXX XXXXXen frame held togeher with steel plates not the specifercation i payed for at the piont of sale

Expert:  Jo C. replied 3 years ago.
Thanks.

And this is the first repair?
Customer: replied 3 years ago.

yes

Expert:  Jo C. replied 3 years ago.
Thank you.

You have two options here.

The first is to rely upon your rights under the guarantee. The difficulty with that is that, although they do clearly exist, they do not guarantee you a replacement and they could argue that they are complying by offering a repair. It does have to be a repair of a good standard so you can challenge it on that basis alone.

The second and better option though is to rely upon the sale of goods act. Under the sale of goods act you have a right to demand that this is "fit for purpose" and it is clearly not as it is faulty within 10 months.

In fairness, it would be irresponsible of me to encourage you to believe that you are likely to be able to demand a complete replacement 10 months after purchase. But you do have a right to have the repair done to a reasonable standard and if that cannot be done then your rights to demand a replacement are triggered again.

In a nutshell, you are entitled to demand that they put this right. If they will not or cannot then you are entitled to pay another to do the work and sue for the cost. If that is not possible then you would be entitled to claim an exchange or refund minus the use you've had from the product.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

sale of act seems the one . repair man said it would have been supplied to me damaged shall i mention t his in my unfit for purpose correspondence thank you super advive

Expert:  Jo C. replied 3 years ago.
No problem

All the best.