Goods a sales act

[des8]

[QUOTE=anyman;n1648543]

I believe the item was unsatisfactory because it has not lasted a reasonable amount of time. But how and when is that not set, I mean I though I read somewhere about something of this nature should last 6/7 years and that coming from the goods of sales act!

Sale of Goods Act 1979 Sec 14 (https://www.legislation.gov.uk/ukpga/1979/54/section/14) mentions "durability". and
states " goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory".
I suspect your understanding re 6'7 years is derived from someone's comment about the Limitation Act 1980.

Implied terms? Dose that mean I took the item out as on the assumption of a 1 years warrenty?

Implied terms are terms that are not expressly set out in a contract but still form part of that contract e.g. goods to be of satisfactory quality. Your assumption of a warranty would not be an implied term

[anyman]

error post

[anyman]

[QUOTE=des8;n1648551]

I believe the item was unsatisfactory because it has not lasted a reasonable amount of time. But how and when is that not set, I mean I though I read somewhere about something of this nature should last 6/7 years and that coming from the goods of sales act!

Sale of Goods Act 1979 Sec 14 (https://www.legislation.gov.uk/ukpga/1979/54/section/14) mentions "durability". and
states " goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory".
I suspect your understanding re 6'7 years is derived from someone's comment about the Limitation Act 1980.

Implied terms? Dose that mean I took the item out as on the assumption of a 1 years warrenty?

Implied terms are terms that are not expressly set out in a contract but still form part of that contract e.g. goods to be of satisfactory quality. Your assumption of a warranty would not be an implied term

I took it back to the shop today; he said because you failed to register it with Makita the manufature you are only covered by a 1 year warrenty. Needless to say I know nothing about needing to registering it.

He also said that the 6 year thing was an EU thing and the goods of sales act no longer applies as we left the EU

So am I on a wim to nothing then

[des8]

The Sale of Goods Act 1979 and The Limitation Act 1980 are still alive and kicking
There is also The Consumer Rights Act 2015

Whether or not you have a winnable claim under those acts is another matter

[atticus]

He also said that the 6 year thing was an EU thing and the goods of sales act no longer applies as we left the EU

That man is very ignorant. The Brexit debacle has done nothing of the sort. NB it is the Sale of Goods Act.

[anyman]

The Sale of Goods Act 1979 and The Limitation Act 1980 are still alive and kicking
There is also The Consumer Rights Act 2015

Whether or not you have a winnable claim under those acts is another matter

But there is nothing in all 3 of those acts to state how long a reasonable amount of time is right?

[anyman]

That man is very ignorant. The Brexit debacle has done nothing of the sort. NB it is the Sale of Goods Act.

But was he right about EU law sated that an item should last for 6 years?

[atticus]

I suggest that if you want accurate information you read and understand the replies already given in this thread.

[anyman]

I suggest that if you want accurate information you read and understand the replies already given in this thread.

I dont quite understand them!

[des8]

You have purchased an item (angle grinder) which you believe was unsatisfactory as it ceased to function properly after 18 months.
You could invoke the Consumer Rights act 2015 and claim a repair or a price reduction (a refund) on the basis that the goods were unsatisfactory at the time of purchase because it was not as durable as a reasonable person would expect.

HOWEVER!!!!!!!!!! assuming the price was somewhere less than £100, is it worth the effort?
Firstly you have to PROVE it was unsatisfactory when you purchased it.
How did it cease working/ Do you know what is wrong with it?
Did you use it beyond its capabilities and burn out its motor, or is it just a bad connection within the cable?
If you are not an electrical engineer you'll possibly need an engineer's report at a cost

And then IF you win a court claim, how much do you think you will be awarded?
As you have had use of it for 18 months you may even get less than 50% of its cost (which won't cover your the costs or compensate for the stress involved)

IMO your better courses of action are 1) to write a nice letter of complaint to their customer relations dept or CEO and hope they will give3 you a discount on a replacement or
2) forget it

[Manxman]

thanks! But I cant find anything in there about the 7 years

That's because there is no legislation in England and Wales (or the UK) that says that goods must last for a specific length of time - and certain;y not 7 years.

[Manxman]

But was he right about EU law sated that an item should last for 6 years?

No he was not right. If he had been right Parliament would have had to enact legislation to that effect while we were still in the UK - and it didn't*.

All EU directives that were in force in the UK at the time of Brexit are still in force.


*It's a little bit more complicated than that, but the remedies built into the Consumer Rights Act 2015 basically give better consumer protection than that given by the corresponding EU directive.

[Manxman]

So just to give you some slight info on what was gong on
Its a makita 240 mains power, mini Makita angle grinder I bough from Screw fix 18 months ago
Makita is a quality brand. I dont use it day in day out like someone in a work shop dose as its just for persanol use and not proffesonal!...

Right. If you bought this as a consumer and not for use in your trade or empolyment, you should forget the Sale of Goods Act (SOGA) and concentrate on the Consumer Rights Act 2015, which largely replaced the SOGA in respect of consumer purchases.

s9 of that Act (here - Consumer Rights Act 2015 (legislation.gov.uk) says that goods must be of satisfactory quality, and includes "durability" under this heading, but doesn't say how long something must last for. It depends on what it is, what it cost, and how much use it gets.

I would suggest that it is perfectly reasonable to expect an angle-grinder to last for more than 18 months if it is not being used professionally or commercially, but you will need to argue this point with Screwfix. But be aware that because your purchase was more than 6 months ago, Screwfix will be entitled to deduct from any refund they pay you an amount to reflect the 18 months use you have had of the item.

Have you made Screwfix aware that you are a private consumer and that this was not a business purchase?

You need to explain clearly to them that you are a consumer and that you are relying on the Consumer Rights Act 2015, not Sale of Goods or anything else.

(NB - the mention of a time period of 6 years means that you have up to 6 years from the date of purchase to make a court claim in respect of faulty goods. But that does not mean that you can claim for any fault that appears within 6 years. Do you see the difference?)

[Manxman]

[QUOTE=anyman;n1648618]

I took it back to the shop today; he said because you failed to register it with Makita the manufature you are only covered by a 1 year warrenty. Needless to say I know nothing about needing to registering it.

He also said that the 6 year thing was an EU thing and the goods of sales act no longer applies as we left the EU

So am I on a wim to nothing then

He's talking rubbish.

As per my previous post you need to make it 100% clear to them that you are a private consumer (not a business buyer) and that you are relying on the Consumer Rights Act 2015 (legislation.gov.uk) and not SOGA.

If you can't get Screwfix to see sense in store, follow des8 's suggestion to complain to customer Services and their CEO.

(You could also complain separately to Makita and ask them if thay are happy that their quality product only lasted for 18 months)

[anyman]

and screw fix will say that they thing one year is enough to last a reasonible emount of time