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Ben Jones
Ben Jones, UK Lawyer
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I purchased an iMac cost £2,000 which was delivered on June

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I purchased an iMac cost £2,000 which was delivered on June 2, 2015. On Thursday JUNE 26, the iMac died, complete power failure. It is being repaired with a new power pack, and has been away for a week for the repairs , under Apple Care . My question is, am I under my rights to ask the supplier to replace this iMac which was less than 2 months old when it had a hardware failure ?
Clive Cartwright. ***********
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Where did you buy the item from?
Customer: replied 2 years ago.
I purchased the item from an Apple reseller, a company called Alchemy
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. 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. So your legal rights would be against the seller, rather than the manufacturer. If the manufacturer had a warranty in place then you can only pursue any rights you have under that. Therefore, if the warranty simply states that they would repair a faulty item that is all you can expect them to do. They have no legal obligation to replace it or refund you. If you wanted to pursue a refund or replacement then that would have to be done against the seller. So 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. If there is still time to reject the goods and request a refund, you may do so, but remember it is only the seller that would be liable. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

I have been advised by the seller that as this was a business to business sale/purchase that the Consumer rights do not apply, quote "

Hi Clive,

I have spoken with the supplier and Apple distributor who have confirmed the following:

  • As this is business purchase, it is not covered under the Consumer Rights Act. Therefore, the only option is to have it repaired under the Applecare Warranty.

As you had spoken to the Consumer Manager at Apple, they have probably advised you thinking that it was a consumer purchase rather than a business purchase.

Kind Regards

Tim Lloyd

Senior Sales Support

Hi, sorry I was not aware that this was a business to business purchase. If that is the case then it is correct that the consumer rights under the SGA do not apply. Therefore, your only rights would be contractual ones under the manufacturer's warranty and it would depend on what its terms are - if they do not guarantee a replacement but only a repair then I am afraid that is what you would have to settle for. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you
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