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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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Hi there, I work for a company called Sofaland. Sofaland

Resolved Question:

Hi there,

I work for a company called Sofaland. Sofaland do not offer a delivery service to any small non mainland islands in UK as we do not have the capability to service if there are any issues.

http://www.sofaland.com/delivery.html

A customer purchased a sofa from us to an address in Glasgow and then arranged herself to haulage the sofas out to Isle Of Harris, HS4 3YG.

Inevitably, a fault occurred with her sofa within the first 12 months. I have advised customer that we are unable to warrant the sofa in her area and that if she can arrange for the sofa to be returned we will look into a repair or replacement.

Trading Standards are now involved stating that as the address is still within the UK the SOGA (1979) overrides any warranty and deems Sofaland responsible to repairing the sofas at the customers address in Isle of Harris or we must pay to return the sofas back ourselves.

I find this notion bizarre. Surley the customer must make arrangements to return the sofas back for the repair at her own expense if she took them offshore.

I feel we are being punished for something we can not do anything about.

Please advise.

thanks

Michael Savva
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

I am afraid Trading Standards are correct.

The company is responsible for the costs of repairing the sofas at the customers address or to pay for them to be returned back to the company from her address in the Isle of Harris under S. 48B(2) of the Sale of Goods Act 1979 (as amended), which provides as follows:

(2)If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

Hope this helps

Customer: replied 3 years ago.

thanks for your email. so that is even if we have delivered to a Glasgow address and customer has then made her own arrangements to haulage out to Isle Of Harris?


 


thanks


 


MIchael

Expert:  UKSolicitorJA replied 3 years ago.
I am afraid so as the customer is free to move her home/address whenever she wants.

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