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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I purchased a lawnmower, on line, in March this year. The first

Customer Question

I purchased a lawnmower, on line, in March this year. The first time I went to use it (in May) I could not start it. It turned out that a spring was missing from the carburettor and when I replaced it, it still would not start. The supplier told me to phone one of their agents in a nearby town. After over an hour trying to contact the agent I discovered they had gone out of business. I phoned the supplier and explained the situation. They said they normally phoned the agent in advance. Obviously, not this time. They gave me another agent to contact in a town 30 miles away. I took the machine to him. Two hours later he phoned to tell me the machine was missing a throttle cable. He contacted the supplier who sent him the cable. I then had to go back again to pick it up. Two journeys totalling 120 miles, at my expense. When I got home it took about 15 minutes to get it to work. I persevered throughout the summer, but on each occasion it took more time and more effort until finally my wife would hold it down with both hands while I used two hands to pull the starter cable and I had to tie the engine cut out lever to the handle. Eventually I couldn't start it at all. I have contacted the company and they are arranging collection of the machine.
What are my rights?
Am I covered under the sale of goods act which give me the right to repair, replacement or refund. If so, and I choose refund would I be entitled to a full or partial refund?
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : Did you pay by credit card for this and does it have any form of warranty please? Have you had any repair done to it save for the one you did?
JACUSTOMER-fy829s6z- :

Yes, I did pay by credit card and I am aware that If the machine was not fit for purpose I may make a claim through my credit card provider. However, I would appreciate it if you could confirm if I have a legitimate claim under the Sale of Goods Act. Please note, the repair was carried out at the suppliers request and I assumed, at the time, that the fault was something simple. Obviously, this was not the case.

Alex Watts : Its good and bad news.
Alex Watts : The good news is that under the Sale of Goods Act goods must be fit for purpose, as described and of suitable quality. If not then you can reject them.
Alex Watts : The bad news is that you have a limited time to reject being 14-28 days. As you purchased this in March even though not used until May then you can no longer reject the goods.
Alex Watts : Even if was wrong about that, because the goods have been subject to a repair, even if this then develops further problems, you can not reject and ask for a refund.
Alex Watts : Had it been within a month and it was faulty at that point you could have asked for either a repair or a refund.
Alex Watts : But because it has undergone a repair you are not now ale to
Alex Watts : now not able to seek a refund.
Alex Watts : Sadly when you have the choice initially it is the one or the other.
Alex Watts : You can not have a repair and then have a refund later.
Alex Watts : I realise that this may not be the answer you want and certainly not the one I want to give but I have a duty to be honest.
Alex Watts : That is not to say you can't sue for compensation or claim from your credit card company, you can
Alex Watts : But can you reject now and claim a refund - sadly not.
Alex Watts : Can I clarify anything about this for you today please?
JACUSTOMER-fy829s6z- :

I was under the impression that, under the Sale of Goods Act if I complain within 6 months the onus is on the supplier to prove the goods were not faulty. It was at the suppliers request that I took the machine to their agent. Also, it wasn't so much a repair; it had been supplied with a missing part - the throttle cable. If this is still classed as a repair what are my options?

Alex Watts : Yes 6 months has been around for some time, but that is in terms of repair. You can't reject within 6 months and claims refund, only a repair
Alex Watts : So you are entitled to a repair, not a refund - that is the point I was making.
Alex Watts : Options
Alex Watts : a) Take the repair
Alex Watts : B) take the repair and sue for breach of contract and get your expenses back
Alex Watts : c) do nothing
Alex Watts : Option b is the best.
Alex Watts : Can I clarify anything?
JACUSTOMER-fy829s6z- :

One final question. Can I use my credit card provider to follow this up or do the same conditions apply?

Alex Watts : You can dispute the charge but generally there is a limited time to do this - do you may be out of time but you have nothing to lose by trying
Alex Watts : Does this Answer the question for you?
Alex Watts :

If this answers your question, please take a moment before you leave and rate my service, which I hope has been excellent, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex