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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10917
Experience:  30 years as a practising solicitor.
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warranty of a product:I am the owner of a restaurant and

Resolved Question:

warranty of a product:
I am the owner of a restaurant and bought about 6 month ago a new vegetable cutting machine. The machine broke and I gave it back to the vendor who fixed it - after 24h it broke again on a saturday - as we really needed the machine I agreed with the vendor that I will take a new machine and that in case the producer will send a new machine he will keep the replacement. I was now informed that the producer repaired the old machine again and the vendor askedme to buy the machine that I took on that Saturday.
So the question is: If a machine breaks twice within 24h do I have the right to get a new machine or does the vondor have the right to repair the machine again.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
You are entitled to a refund or a replacement. In this case you agreed a replacement. The seller can't insist that you take the old machine back. He in turn can insist on a replacement from the manufacturer unless he agreed to a repair.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thank you very much for the answer - just so that I can argue better - what are the exact criteria that entitle me to get a replacement ?

Many thanks

Expert:  JGM replied 2 years ago.
Sections 48A and B of the Sale of Goods Act 1979 make provision for this.
However your rights arise from agreement with the seller to replace the goods.
Customer: replied 2 years ago.

I do apologise - I might not have been 100% clear - when the machine broke the 2nd time I was pretty upset - I spoke to vendor and he told me that he would be fixing it the following Tuesday - I did not have that much time so he gave me a new machine he had in stock - we agreed that it would be a very likely event that the machine would be replaced by producer and that he would than keep the replacement - in case the producer would just fix the machine rather than replacing it I would have to buy the new machine - but he told me that producers would normally take back the machine and replace them - well they did not and I would have now to pay for the new machine and take the old machine back as well - so I would have 2 machines - this leaves the question if a machine that brakes twice after 6.month leaves me with the right to insist on a new machine?

Thx

Expert:  JGM replied 2 years ago.
Unless you agreed to take the repaired machine back, you are entitled to a refund on the original purchase price in the circumstances that you describe. Because of this, you should be arguing that the refund due on the purchase price can be waived and set against the new machine which he has delivered to you.
JGM, Solicitor
Category: Law
Satisfied Customers: 10917
Experience: 30 years as a practising solicitor.
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