Faulty Goods

It's happened to us all…you buy something at the shop, get it home and plug it in, only to discover it won't work. But under the law, there are things you can do about it.

The Law

When it comes to complaining about faulty goods, the Sale of Goods Act 1979 is quite specific. It deems that goods must be safe, fit the description that's given of them and be both of "satisfactory" quality and fit for the purpose for which they're intended. If they have to be installed or assembled, there should be adequate instructions. Finally, if you're shown a sample first, what you're sold must match that sample.

It's worth noting that responsibility lies with the retailer, not the manufacturer. Under the law, "retailer" is any non-private seller - even retail web sites are included.

When You Find A Fault

The first thing to do if you purchase a faulty item is tell the retailer. You're allowed a "reasonable" amount of time to check that the goods are satisfactory (there's no concrete time given as "reasonable"; it means different things in different situations). The best advice is to check the item immediately and return it as soon as possible if there's a problem. If the goods aren't satisfactory, you can "reject" them and get your money back (but be aware that this right is also only for a "reasonable" time).

Instead of having your money refunded, you can accept a replacement or a repair, or even legally claim compensation (which in this case would just mean the cost of replacement or repair, effectively the same as a refund). If you allow the retailer to repair the item and it still doesn't work, you may still be able to get a refund.

After A Reasonable Time

If a fault appears after that nebulous "reasonable time" has elapsed, don't despair. If it's in the first six months, and it's not because of fair wear and tear, accidental damage or misuse, then the retailer must still repair or replace the item. If he demurs, he has to prove the item wasn't faulty in the first place, or that it couldn't be expected to last that long. Often he'll choose to replace rather than repair it.

If more than six months have gone by, things change. You might still get a repair or replacement, but now you'll have to prove that the item was faulty when you bought it if the retailer disputes your claim.

Where delivery costs are involved, the retailer has to pay them, and repairs must be carried out within a "reasonable" time. If it's impossible to replace or repair the item, you can claim a refund of some, or possibly even all, of the purchase price (depending on how much the item has been used). However, if the fault causes personal harm or damage (a fire, for instance), then it falls under "product liability," which is the manufacturer's responsibility. First, though, go to the retailer; if they're unable tell you who the manufacturer is, then the liability becomes theirs.

Second-hand, Sales and Auctions

Every right given above also applies to second-hand goods, although you do need to factor in a few things, such as the price you paid, and a lower expectation of quality.

Sale goods confer the same rights as non-sale goods. The only difference comes if the price was reduced due to a fault that was pointed out to you or should have been quite obvious. In that case you lose your rights.

The law also covers new goods bought at auction. Second-hand auction items are treated differently. They're covered only for auctions you couldn't attend. But if you could have attended, and the item's faults were publicly noted, then you lose your rights.

Finally, if you purchase an item from a private seller, most of the above rights don't apply - it's much more of a case of buyer beware. But even in a private sale, the goods can't be misrepresented to you. If that happens, then you might be able to claim compensation.