Faulty Goods and New Remedies
‹ Back to list 01 May 08
New regulations came tiptoeing into force in March 2003 but seem to have been largely overlooked. Up until then consumer protection was to be found in the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. The changes were introduced by the Sale and Supply of Goods to Consumer Regulations 2002.
The new regulations added some extra clout to the consumer’s existing remedies. There is now a very helpful presumption that goods which do not conform with the statutory requirements within six months of delivery did not conform at the date of delivery. This presumption will not apply if the seller can prove that the goods did actually conform at the contract date or where the presumption is incompatible with the nature of the goods, for example consumables.
These new remedies permit the buyer either to require the seller to repair or replace the goods or to reduce the purchase price by an appropriate amount or to rescind the contract altogether. This makes a significant difference to the existing statutory provisions in the 1979 and 1982 Acts.
Where the presumption of non conformity arises the seller must repair or replace the goods within a reasonable time and without causing significant inconvenience to the buyer. This must be done at the seller’s expense. If the seller fails to comply within a reasonable time with the duty to repair or replace the buyer will then become entitled to require a reduction in the purchase price or rescission of the contract. Rescission simply means returning the goods and getting your money back.
Under the pre-existing law once a buyer had taken delivery of goods it was often difficult to rescind the contract.
As ever the law moves inexorably towards further protection for the consumer and the old maxim caveat emptor is yet further eroded.
Tom Harrison
