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30/8/2007 at 6:50pm
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Sale of Goods Act Quick Facts
Subject: Sale of Goods Act, Faulty Goods.
Relevant or Related Legislation: Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.
Key Facts:
• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.
• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit
• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).
• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)
• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.
For more information please visit http://www.dti.gov.uk/consumers/fact-sheets/page38311.html.. In essence your caravan is covered for a period of 6 years and this would include water ingress regardless of whether the manufacturer included it in the warranty. Obviously it would be up to you to prove that it was a result of poor manufacture that the problem had occured. However if one takes into the account the price one pays for a caravan, it is expected that it should last longer than 6 years. If you do not service your caravan on a regular basis you will not have a leg to stand on. It does not have to be a franchised dealer but probably will need to be an approved workshop even if they are mobile.
A lot of us are splashing out money on repairs that are the result of poor manufacture but only show up after 3 or 4 years once the warranty has finished. I have challeged this on a number of occasions not only on caravans but other goods and generally have won as the dealer has backed down. It must be remembered that probably the majority of folk only use their caravan three or four times a year and more than likely the manufacturer knows this and it is built into their calculations so they work on that borderline tgo save money. I defy any manufacturer to refute this statement because at their peril I may be able to prove otherwise!
IMHO caravans should have a 5 year warranty on structure taking into account fair wear and tear. There should be a 8 to 12 year warranty on water ingress not just six years. Reading the above you will now undeerstand why some manufacturers offer a 6 year warranty on water ingress. All thyey are doing is avoiding what could be an embrassing court case! The car industry normally has a 12 year rust perforation guarantee. The first manufacturer to come up with this will restore faith in British built products and I will be one of the first to be interested in this product. If Hyundai can offer an 5 year warranty why can't the caravan industry offer the same? Why do we have to put up with caravans with no shock absorbers when the state of our roads is rapidly deteriorating and a lot of people are now starting to use CLs and rally.
I hope this post helps just one person tackle a dealer on poor performance which includes work not under warranty but within sixyearstime scale Most dealers have no idea what is contained the sales of goods Act and will try and fob you off! Don't let them do thisi to you. Don't sit back and wait six months for parts to arrive. IMHO 30 days is a reasonable time to wait for spares otherwise compensation should be considered for inconvenience.
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Topic: Know your rights!
