Consumables excluded from guarantee?

[mrneillees]

Bought a £350 tent 3 weeks ago. Used it last weekend for first time and a metal pole broke. In their T&Cs the company say tent poles are 'consumables' and not covered by the guarantee. They are refusing to replace and say that I must bear the cost of any repair (if possible to repair). Can a consumable be deemed to have broken due to use on the first time? Can they be excluded from any guarantee?

Many thanks, Neil Lees

[Amy]

Re: Consumables excluded from guarantee?

See post #6 here DFS help needed asap please ** SETTLED** - Legal Beagles

Whether or not the supplier considers a tent pole to be consumable is beside the point; the tent as a whole was clearly not fit for purpose. Your tent would appear to fail on (2B)(e) at the very least considering a tent pole is a pretty integral part of a tent.

Sale of Goods Act 1994

(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—
(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
(e) durability.

[Curlyben]

Re: Consumables excluded from guarantee?

Since when a tent poles consumables ?!?!
They are NIT designed to be "used up" in the process of tent erection nor have a limited shelf life.

Now if that said tent PEGS I could almost agree, but without the integral poles you have NO tent !!

[Guest]

Re: Consumables excluded from guarantee?

Bought a £350 tent 3 weeks ago. Used it last weekend for first time and a metal pole broke. In their T&Cs the company say tent poles are 'consumables' and not covered by the guarantee. They are refusing to replace and say that I must bear the cost of any repair (if possible to repair). Can a consumable be deemed to have broken due to use on the first time? Can they be excluded from any guarantee?

Many thanks, Neil Lees

This is complete and utter rubbish. The terms and conditions would appear to be unfair and any contractual term which seeks to exclude liability in this way and affect your statutory rights is unenforceable at law.

To answer your questions; No and no.

Goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date. This is termed the "reversed burden of proof" and you should inform the supplier, in writing, that you require a brand new replacement tent or a full refund and that they have 14 days to action your request. Failing your unequivocal satisfaction, issue a claim against them for the full sum, including costs and interest.

If you are at all unsure about what to write, post it here first and we can advise further.