The relevant legislation here is the Consumer Rights Act 2015.
People very often get Satisfactory Quality and Fitness for Purpose mixed up although there can be an overlap.
This is a quad. You can sit on it and presumably ride around on it so it’s fit for purpose. If you had bought it to tow a plough rather than just ride round on, and it isn’t strong enough, then it’s not fit for purpose. It may be a perfectly good quad (I appreciate it isn’t) but just not fit for purpose.
If it keeps breaking down however and you bought it to ride around on, it’s fit for purpose but not of satisfactory quality. However don’t get bogged down on the technicalities.
The legal situation is that under the Act you are entitled to reject the goods within the first 30 days for a substantial fault.
Now, having said that, being entitled to a refund and actually getting it out of the retailer (the retailer is liable here) are two different things altogether if they walk beatifically rollover, take the item back, and refund you.
I don’t know whether you paid any part of the purchase price and credit card (even part of the purchase price such as a deposit is enough to cover the whole transaction) or whether it was on finance but if you did then you have the protection of Section 75 of the Consumer Rights Act which puts liability onto the credit provider along with the merchant.
You are now outside the 30 day right to reject and you have to give the retailer one opportunity to repair or replace the goods. The retailer chooses which option. If the attempt at repairing the item doesn’t work, then you can claim a refund or a price reduction depending on whether you want to keep the item and resolve the issue yourself or whether you just want to get rid and get your money back.
The retailer has no right to keep trying to repair the items indefinitely. Any further attempts at repair are at your discretion.
You should now tell the retailer in writing that he’s had multiple attempts at repairing the item and clearly further attempts are going to be short lived or futile. But you now formally reject the goods and that you want a full refund. He is entitled to make allowance for the length of time that you’ve had the vehicle after the first 30 days.
As I said, actually being entitled to reject the goods and get a refund and getting the money out of the retailer are often two different things altogether and if the retailer refuses, then you are faced with issuing Small Claims Court proceedings which you can do quickly and easily here www.moneyclaim.gov.uk
a court will then decide the issue for you. The only problem is that the court process is not particularly quick but there is no way of speeding that up if the retailer decides just to be difficult.
There is one of the things that you can do if you feel it’s possible and it’s not just poor equipment, and that is to get it repaired somewhere else and take the retailer to court for cost of the repair.
.Can I clarify anything else for you?
I’m happy to answer any specific points arising from this.
Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you.
If you still need any point clarifying, I will still reply because the thread does not close.