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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We purchased a garden fountain at the Malvern Show on September

Resolved Question:

We purchased a garden fountain at the Malvern Show on September 27th at a cost of 100.00 to be delivered FoC. We received an undated invoice/receipt which in very small print was stated "this sale is subject to terms and conditions which are available on request" this was after the money was handed over. The goods were delivered on 3rd October and signed for by a relative. There was no mention at the point of sale or by the carrier that the goods should be checked immediately. They were a birhday present for a relative and were presented to him unopened on the 18th October. When it was constructed it was found that the fountain leaked. The seller was contacted but they said the fault should have been reported immediately hours in accordance with their coditions of sale. They offered a 50% credit note. Correspondence has continued but they will not budge.
We believe under the sale of goods act we are entitled to a replacement for two reasons;
1.the goods are not fit for purpose.
2.the act states that although the seller may stipulate a date for reporting the fault there is no fixed date in law but the date should be within reasonable time and we have complied with that.
Your advise would be appreciated
David Swingwood
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello David my name is ***** ***** I will help you with this.

Alex Watts :

Any terms must be incorporated at the point of contract, ie the time of the order

Alex Watts :

They can not introduce terms after

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

Under the Sale of Goods Act, goods must be as described, fit for purpose and of suitable quality. You can demand a refund or repair. You don't have to accept a credit note

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

do you agree the act stipulates faults to be reported within reasonable time not immediately even if it is put in conditions of sale

Alex Watts :

Reasonable time yes. However the Consumer Regulations state if a product is faulty within 6 months of purchase it is deemed to be faulty from the start

Alex Watts :

Therefore you can still sue for breach of contract

Alex Watts :

Does that help?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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