Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
I am sorry to hear of your experience, having purchased this satellite communication system. Based on what you have described, please can you tell me what the ideal outcome would be for you so that I can advise you of your options? Thank you
Under UK law you will have two sets of rights – one against the seller and one against the manufacturer.
When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002. These laws have now been replaced burpt as they were relevant at the time of purchase they will still apply to you.
The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.
If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:
1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.
2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.
A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale.
So you can rely on this to pursue the seller for the replacement and associated costs.
In terms of pursuing the manufacturer your rights are limited to whatever warranty you had in place. That may entitle you to a replacement but without any shipping or installation costs and it will depend on the warranty terms. They would not be expected to cover these if not mentioned as part of the warranty. Remember that the legal right to get a replacement is only against the seller, not the manufacturer.
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