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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I purchased a high end and expensive computerized / embroidery

Customer Question

I purchased a high end and expensive computerized / embroidery sewing machine four and half years ago. The problem is I have had continuous problems with the machine not performing as it was meant to do and where problems were repaired however the machine was never working for a substantial length of time that I would naturally expect any top of the line embroidery machine to do. The manufacturer has a good name and their machines are popular throughout the world. I have owned to other machines of lesser value and they have always performed well. Due to my experience with my previous two machines and the good reputation of the manufacturer I decided that the machine I purchased would be repaired eventually that the dealer would be able to repair it successfully soon. It is for that reason that I always believed my machine would be repaired successfully eventually and so I never asked for a replacement within the 6 month period and now it when I think about the trouble that I have had with the machine it sees ludicrous that I didn’t ask for a new replacement machine in place of the faulty machine. The machine is under warranty until the middle of August and so now with the warranty running out I realize the machine is going to remain the same with as many problems which will be needing repairs once again. For some of the problems repairs have been made a second time. I am in Ireland and I purchased the machine in the UK at a stitching and quilt festival from one of the company dealers. I am just wondering if I would or am entitled any kind of come back after owning the machine for this length of time although never performing without problems cropping up time and again. Thanks for any advice.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

Under the Sale of Goods Act 1979 (as amended), the machine should be as described, of satisfactory quality and fit for purpose.

From what you say, the machine does not appear to be of satisfactory quality and is not fit for purpose and you have the right to make a claim against the dealer who sold you the machine.

You have 6 years from the time you purchased the machine to make your claim. Your claim may be for a refund (less any money for you having used the machine) or a reduction in the purchase price as compensation.

There is nothing stopping you from asking the dealer to take the machine back and replace it with a new one (they may ask you to pay some money for your usage, or they may not) of a different type or the same type. It could be that your particular model or particular machine is faulty and the dealer knows about this.

As it is more than 6 months since you purchased it, you would need to show evidence to the dealer about the machine's fault e.g. the many times you have had to get it repaired., any expert report etc.

I would suggest that you make a claim as soon as possible as you will be time barred once you reach 6 years.

The above statutory rights are in addition to the warranty which you have for the machine.

Hope this helps