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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
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Three years ago my wife and I bought and electric car and decided

Resolved Question:

Three years ago my wife and I bought and electric car and decided to have a home charger installed in our garage. Even though that car could only charge at 16 amps, we decided at extra cost to upgrade our electrical circuitry and pay for a charger that would deliver 32 amps, to future-proof ourselves.
Sure enough last month we took delivery of a new electric car that could charge at the faster rate. Now however, when we connect the charger, it won’t deliver at the 32 amps it is supposed to. It resolutely stays on 16 amps. This doubles the time taken to charge the new car from 10 hours to 20 hours.
I have had a long drawn-out email exchange with the supplier of the charger, trying to resolve this situation but they are getting slower and slower in their responses. It is obvious that they are reluctant to do anything about this as the unit since it only had a twelve month warranty.
My argument is that they have not fulfilled their obligation to supply a unit to the 32 amp specification. Even though the operating menu of the charging unit shows 32 amps setting, it is impossible to select it as an option. This suggests to me that the unit has never been capable of delivering that level of power.
How long would `fitness for purpose’ be reasonable cause to demand a replacement or repair from the company, this far down the line?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. The fitness for purpose test arises from the Sale of Goods Act 1979 S.14 - it is an implied contractual term that any goods supplied must be of satisfactory quality and reasonably fit for purpose. The purpose you bought this charger for is so that it could charge at 32 amps - which it does not - therefore there is an argument that it is not fit for purpose. Breaches of the implied term under the S.14 of the Sale of Goods Act 1979 are treated as contractual breaches. A claim for breach of contract under the Limitation Act 1980 must be brought within six years of the date the claim arose. Therefore if you bought the charger three years go and found out that it is now not fit for purpose you would have grounds for a potential breach of contract claim. Kind regards AJ
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