Re: Merchantable Quality?
Thanks for the Kingfisher link Grizzly, have sent them an email basically asking for someone to intervene & make a decision yeah or neigh.
I am interested to hear further on Superman's point 'You have no rights under the merchantable quality issue in the Sale of Goods Act, as you kept the product too long'.
The lawnmower I had for just over 12 months & to quote the Sale of Goods and Supply of Services Act, 1980. Your rights when things go wrong. Para 1. 'If goods are not of merchantable quality or are not fit for their purpose or are not as described the consumer is entitled to a remedy'. Additionally, FAQ. Goods and Services, 1: Goods, What are the main rights a consumer has when buying goods? 'A consumer has the right when buying goods to expect that; The goods are of merchantable quality (i.e. goods are of an acceptable standard).' (this is my beef, I have been advised that it is not worth repairing due to cost versus new, its 12 months old, scrap value, it is not what I expected when I bought it or indeed I suggest anyone would expect, therefore it is not standard or acceptable.
Act; Para 3.'If the goods have been used for some time, or if there is undue delay in making the complaint, or if there is reason to believe that the goods have been accepted, the consumer's entitlement, at best, may be to a repair or to a partial refund.' (Nowhere in this act can I find mention of relinquishing my rights because I keep the product too long). If anybody finds mention I stand corrected.
Para 4.'There are no hard and fast rules as each case has to be considered on its merits.'
MB05 made another valid point which is mentioned in the act under Goods & Services; Para 9: Five years after purchasing a suite of furniture, the frame collapses but shop refuses to do anything on the basis that it is five years old. 'The "statute of limitation" (limit of time in which a case can be brought to court) with regard to the Sale of Goods and Supply of Services Act is six years. Consumer may have a case, but as the circumstances of each case will be different, only a Court can make a decision in such a case.'
As for the Sales assistant stupid comment, well this is what I’m up against, I mean the lady was called by another assistant to listen to my grievance and her first remark is that 'Irish Consumer Law did not apply to them as they are an English Company'! When I challenged this she goes off & when she returns says she rang the Irish agents who answered 'absolutely not' a manager who was called has a short conversation with her before he approaches me & tells me what she was told by the agents and that his reply is the same. The manager was obviously not aware that it is the sellers responsibility not the agents as I discovered later from the ODCA website.
Act Para 8: A shop insists that consumer deals with the Manufacturer of goods which turn out to be faulty?
'The consumer's contract is always with the seller of the goods.'
'In this case, if the consumer paid money to the retailer, contract is with the retailer and it is up to the retailer to deal with the situation.'