help with a faulty ...
 

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[Closed] help with a faulty good please

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The wife and I bought a pram which failed rather fundamentally while still under warranty, took it back and the shop sent it off for repair.

We were ok with that but it's come back just as broken as when it left, they reckon their 'policy' is to send it for repair again but I'm not happy with that.

What are my options (if any)?


 
Posted : 27/08/2013 10:43 pm
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Your contract is with the shop, not somebody else that they sent it off to

how old is the pram ? Under 6 months and you can ask them to prove that it didn't have a fault when purchased. After 6 month you may have to show that it did have a fault (of course that may be obvious from what you're saying)

(that's sale of goods act, not warranty. warranty may add to that cover but it can't reduce it)

it's come back just as broken as when it left
Under sale of goods, they should refund, replace or repair (your choice, I think). If they can't repair there's only 2 options left

Disclaimer: I am not TJ

[url= http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html ]try this - probably still correct[/url]


 
Posted : 27/08/2013 11:03 pm
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You should really give them another opportunity to repair it if that's what they've offered, although you could possibly argue they've had adequate opportunity to do (if its already been away) and its an unreasonable inconvenience (you need to stick a baby in it) to send it away again.

Pursuing a claim against them would only be worthwhile once you've exhausted all possible remedies.


 
Posted : 28/08/2013 5:03 am
 hora
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How long did it take last time and what did you use instead?

This' d dictate how I'd treat the matter now.


 
Posted : 28/08/2013 5:37 am
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No problem Mr shopkeeper take as long as you like . Obviously you sold me a pram I need to use a pram now . The one you sold me is not fit for purpose so while you get the one you sold me fit for use I will hire one and you will pay the cost of the hire.

The sales of goods act is your friend it trumps Warrenty and store policy.

I would go for full refund now or replacement. If they want to repair they need to fund or arrange a stopgap .


 
Posted : 28/08/2013 7:13 am
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How long did it take last time and what did you use instead?

This' d dictate how I'd treat the matter now.

This.

They're obliged to rectify the issue without unnecessary inconvenience to yourself (I forget the exact wording offhand, sorry). If it was away for a couple of days last time then fine, let them send it back again. If it was away for a couple of months then they should be refunding, replacing or giving you a loan item whilst it's away. There's no fixed timescale here, it's that wooly English Law "reasonable."

Under sale of goods, they should refund, replace or repair (your choice, I think).

It's the retailer's choice, but if they've proved unable to repair it then that only leaves them with two options. Do you / they have confidence that a repair will be successful this time?

How old is it?


 
Posted : 28/08/2013 7:52 am

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