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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11124
Experience:  30 years as a practising solicitor.
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What does consumer law say about the supply of faulty goods. In

Resolved Question:

what does consumer law say about the supply of faulty goods.
In this case a new gearbox for a yacht which failed and had to be rebuilt within less than a year.
I paid for the parts but have not paid for the labour because I had to have the engine taken out and the new gearbox rebuilt by another engineer.
The yard who did the original, faulty work are now suing me for the labour invoice.
The gearbox was leaking oil within two weeks, failing to go into gear within 3 months and needed completely rebuilding, because it had not been assembled correctly.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
If the gearbox was purchased from a commercial supplier, in this case the boatyard, the sale of goods legislation and the legislation concerning the supply of services both apply. From my understanding of your narrative your ar complaining about faulty workmanship and faulty goods in the form of the gearbox. You have to have another party remedy the defect.
The way this is quantified is that you are entitled to damages to cover the additional costs. So you have to defend the action for payment of the invoice and counterclaim for the costs that you have incurred that you would not have incurred had the first party done the job right in the first instance.
The court, on hearing the evidence, has the power to set off the monies claimed against the remedial and any other costs, such as for inconvenience, hair costs, loss of revenue if appropriate.
The Sale of Goods Act 1979 in particular states that goods have to be fit for purpose and of satisfactory quality. That is not the case here and I think the yard would be struggling to succeed where another party can corroborate the faults with the gearbox, having had to step in and fix it.
I hope this helps. Please leave a positive response so that I am credited for my time.
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