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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12174
Experience:  30 years as a practising solicitor.
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bought a sofa and chair 10 month ago had the upholsterer out

Customer Question

bought a sofa and chair 10 month ago had the upholsterer out about 3 month ago because i felt a few of the seams where bulging out, the upholsterer tried to press them out made no difference and now they are getting worse and i am not happy got them out again ant they said they could try and fix fix and i refused saying i wanted a new one, they are now saying its not a manufacture fault. not happy.

thanks helen sneddon
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Whether it's a manufacturer fault or not doesn't matter. Your contract is with the retailer and after 10 months such a fault should not manifest itself.

Accordingly you are entitled to reject the sofa and claim damages representing the purchase price. The law says that you are not bound to accept a repair unless the defect is a minor one. This doesn't sound like a minor repair.

Section 14 of the Sale of Good Act says that goods must be of satisfactory quality and fit for their purpose.

The same Act goes on to say:

"[15B. † Remedies for breach of contract as respects Scotland.
(1)† Where in a contract of sale the seller is in breach of any term of the contract (express or implied),
the buyer shall be entitled
(a) † to claim damages, and
(b) † if the breach is material, to reject any goods delivered under the contract and treat it
as repudiated.
(2)† Where a contract of sale is a consumer contract then, for the purposes of subsection (1)(b)
above, breach by the seller of any term (express or implied)
(a) † as to the quality of the goods or their fitness for a purpose,
(b) † if the goods are, or are to be, sold by description, that the goods will correspond with
the description,
(c) † if the goods are, or are to be, sold by reference to a sample, that the bulk will correspond
with the sample in quality,
shall be deemed to be a material breach.
(3)† This section applies to Scotland only."

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.