Goods a sales act

[des8]

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

...... but if they think you might initiate court action they might offer you a discount offa replacement grinder.
This would be a commercial decision by them, as defending a claim will cost them a lot more than a discount.

[anyman]

...... but if they think you might initiate court action they might offer you a discount offa replacement grinder.
This would be a commercial decision by them, as defending a claim will cost them a lot more than a discount.

not so long ago now I had a CCJ for 500 quid against ebay and it must of cost them thousonds in solicitor fee, when they should of just paid the money they owed!

I guess my argument is that Makita offer a 3 year waranty on the item if you register the tool with them but the seller screw fix did not tell me at the point of sale, so I could say 3 years is a reasonable amount of time

Dose it state in any of the acts that an item must last a reasonable amount of time?
Are there any template letters on this site?

[atticus]

Post #3 was a long time ago.

Both the sale of goods Act 1979 (sec 14) and Consumer Rights Act 2015 (sec 9) list "durability" as an example of an aspect of quality to be considered if goods are of "satisfactory quality".
Nowhere is a time limit indicated as the period one could expect an item to last will vary from item to item
e.g. fresh food goods will deteriorate rapidly, a cheap toaster within a few months but a car will last for 50 years plus (from personal experience)

[MIKE770]

If you believe the item was unsatisfactory when purchased (i.e. the seller has breached the implied terms of your contract) The Limitation Act allows you to make a court claim for up to 6 years after the date of delivery.

Bear in mind you will have to prove your claim that the item was unsatisfactory at the time of purchase

Which equates to "Unconscionable" (Bxxx) as to time of purchase say 6 years ago - a question would arise why leave so late?

Years ago guarantee/warranties were talked about being extended under EU rules (Never came about)! so you pay your money and buy a crystal ball and see if it will last say 6 years).

[des8]

I guess my argument is that Makita offer a 3 year waranty on the item if you register the tool with them but the seller screw fix did not tell me at the point of sale, so I could say 3 years is a reasonable amount of time

Did the grinder not come in a box with a set of instructions from Makita?
It is there that details of the available warranty would have been available.

That might be your argument, but you still have to prove the item was unsatisfactory when purchased.
The failure might be due to a number of things (e.g. blown fuse, break in the cable, burnt out motor because of overload)
including due to (inadvertent?) misuse by the operator.
Have you diagnosed the reason for failure, or had it examined and obtained a report by an electrical engineer?

[echat11]

How much was the Angle Grinder new?

[anyman]

Did the grinder not come in a box with a set of instructions from Makita?
It is there that details of the available warranty would have been available.

I do not remember reading it and since I no longer have the box or manual i can not tell either

[anyman]

That might be your argument, but you still have to prove the item was unsatisfactory when purchased.

But it was satisfactory when I bough it (full working)
Dose this mean I have no case? So say I bough it and it was working and 2 weeks later it broke

[anyman]

The failure might be due to a number of things (e.g. blown fuse, break in the cable, burnt out motor because of overload)
including due to (inadvertent?) misuse by the operator.
Have you diagnosed the reason for failure, or had it examined and obtained a report by an electrical engineer?

it sudenly stopped working. No I have not had it examend. if I had they would of fixed it

[anyman]

and this one two
5Sales contracts

(1)A contract is a sales contract if under it—

(a)the trader transfers or agrees to transfer ownership of goods to the consumer, and

(b)the consumer pays or agrees to pay the price.

(2)A contract is a sales contract (whether or not it would be one under subsection (1)) if under the contract—

(a)goods are to be manufactured or produced and the trader agrees to supply them to the consumer,

(b)on being supplied, the goods will be owned by the consumer, and

(c)the consumer pays or agrees to pay the price.

(3)A sales contract may be conditional (see section 3(5)), but in this Part “conditional sales contract” means a sales contract under which—

(a)the price for the goods or part of it is payable by instalments, and

(b)the trader retains ownership of the goods until the conditions specified in the contract (for the payment of instalments or otherwise) are met;

and it makes no difference whether or not the consumer possesses the goods.

[anyman]

the forums blocking me from posting section 14 of the goods of sale act

[echat11]

How much was the Angle Grinder new?

[atticus]

Here is a link to s14 Sale of Goods Act 1979: https://www.legislation.gov.uk/ukpga/1979/54/section/14

Note that in the title, the word "Sale" comes first.

[anyman]

Here is a link to s14 Sale of Goods Act 1979: https://www.legislation.gov.uk/ukpga/1979/54/section/14

Note that in the title, the word "Sale" comes first.

I see (2B) (e) states durability

Is this the best claim I have

[anyman]

How much was the Angle Grinder new?

50 quid'ish