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Ben Jones
Ben Jones, UK Lawyer
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I am a director of a leather sofa retail outlet. According

Resolved Question:

I am a director of a leather sofa retail outlet. According to the SOGA (1979) a seller should have the right to repair or replace an item that has developed a fault.

We have a customer who has had their sofa for 4 weeks and has noticed a fault. We have offered to repair or replace and customer has rejected and wants to cancel the whole order (including items which were ordered as specials in store, which have not yet been delivered).

Can you clarify when "acceptance" has taken place and when can we dig our heels in and insist on a repair or replacement.

thanks
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. The law does not actually specify a period of time after which acceptance occurs and it would depend on the individual circumstances and will vary from one case to another. In fact only a court can decide of acceptance has occurred. The customer is entitled to a reasonable opportunity to examine the goods and this should take place within a reasonable time, however the law does not specify what that time is. That would depend on the type of item and the customer's actions since the purchase. Some items will need a longer period to be examined, others would not.

Section 35 of the SGA deals with acceptance and whilst there are some pointers in there, it would depend on each individual scenario. For example, a sofa may take a few weeks to be 'worn in' and for certain snags to be noticed so 4 weeks can still be reasonable although it would depend on the type of fault complained of and if it something that would have needed that time, or if it should have been evident at the start

Customer:

thanks for your response. from your own personal opinion what do you think would be deemed as a reasonable time in the furniture industry for acceptance? TS advised 2 weeks?

Ben Jones :

that is extremely difficult to say and would depend on the nature of the fault. For example, internal issues like springs, etc may not become evident until they have been used for some time, often longer than 2 weeks, which would be too short. Whereas a fault with the material which would have been evidence at the start would have a shorter period - so there is no general 'blanket' period that you can apply to such purchases and it would depend on the type of fault complained of

Customer:

ok thanks for your time

Ben Jones :

you are welcome

Ben Jones, UK Lawyer
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Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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