Consumer affairs and laws regarding sale of goods?

Question

When a bought item goes out of warranty or guarantee and something goes wrong with a part of that item that you believe really should not have gone wrong in such a short period, (even though the item as a whole is out of warranty), what is the course of action and the legal terminology for the claim against the seller or manufacturer.

Can anyone point me to a link or website where I can research this fully?

Answer 1

Assuming you are in the UK......

Everyone has generally given you some sound advice but here is the legislation you asked for.

look at the Sale of Goods Act 1979 (As amended) sect 14. This covers the implied terms about quality or fitness for use. For a comprehensive explanation of this area of law, go to the library and ask for....

Bradgate. R. Commercial Law 3rd Ed. (Butterworths).

www.butterworths.com/academic click on the Bradgate link and enter the password "clough". He is a big Nottingham Forest fan.

Good luck

Answer 2

If you are in the US, there is something called the "Implied Warranty". All the states have some version of the Uniform Commercial Code, which says that all consumer products, new or used, are sold with a warranty, implied by law even if not written into the contract, that the product will be of average quality and fit for its intended use. So the implied warranty can last longer than the written one. The problem is, that in most states, the contract can disclaim the implied warranty: for example it can say "As Is". Some states, like Maryland and DC, do not permit disclaimers of the implied warranty. If you have a problem contact your state or local consumer affairs or consumer protection agency. Often, the state attorney general's office has a division of consumer protection.

Answer 3

Limitations act deadlines apply to all contracts which in the case of goods is 6 years (minus 1 day) from the purchase date. Depending on the value and whether the item was bought on a credit card then there you could report your concerns to the relevant credit card company - do not be deterred if they tell you it is only for 3 months or some such nonsense because they are equally liable in law for the duration of the contract period.

DTIs website http://www.dti.gov.uk/consumers/index.html also provides a link to their service: Consumer Direct which provides advice and guidance in respect of consumer purchases.

YOu are entitled to a repair or replacement if the part which has failed can not be repaired. You may have to pay for the labour and possibly also the parts.

Answer 4

you can still make a claim with the company for repair under warranty even though the warranty has expired.
of course, it may not be easy particularly if it is a car.
you should explain how you used the item, what went wrong, and why you think they should repair it.
most companies will investigate such a claim.
keep copies of everything you send them and their response(s).
it helps if you have a consumer affairs advocate in your country.

Answer 5

If you are in the UK, try Consumer Direct advice

http://www.consumerdirect.gov.uk/

My guess is that if it is out of warranty you will have to prove it was not fit for purpose even before the warranty ran out. But Consumer Direct should have full advice for you.

Answer 6

You'll struggle. The item has to be shown that it is not fit for purpose.

So, if its a car, you should be able to expect the chassis to stay in one piece for 5 years or more.

If its a stereo, kettle, microwave etc, the lifespan will be much shorter and you'll struggle to claim unless the manufacturuer says something like "this stereo will give you years of listening pleasure"

Answer 7

try this web site WWW dot don't buy it dot com...

Answer 8

What jurisdiction are you in?