Faulty Replacment Item

Discussion in 'Finance, Property, Law' started by carlbcfc, Aug 1, 2010.

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  1. Big of advice really, as before I approach the company I would like to know where I stand legally.

    I purchased a cross trainer from the manufacturer, but via ebay on 16th Jan this year. It failed, and they sent a replacement on Feb 16th. The replacement has now failed (top gear rubbing). I have the receipt for the original sale along with the communication I had with them regarding the first failed machine, also parcel tracking details for the replacement from the manufacturer. That was delivered on 17th Feb 10.

    So I made the original purchase just few days over 6 months ago, but the replacement came 5 months ago. Who would have to pay shipping should they want it returned as it is 42kg. Last time the replaced they told me to chuck the old one away, but that was not long after sale.
  2. You cannot beat direct advice to be clear on something. Thanks for your sarcasm, it really helped keep this thread at the top of the last 50 posts.
  3. I wonder who's puppet you are?
  4. Given that this is the second machine that they've sent and neither has performed satisfactorily, advise them that you don't consider the item to be of merchantable quality and that you request a refund and collection of the cross-trainer. The six months bit doesn't matter as an item should have a reasonable lifetime and a cross trainer should (IMO) last in excess of two years. You could start a poll to get an idea of the longevity of cross-trainers bought by other Arrsers.

    Rather than lose the sale, expect them to offer another cross-trainer or someone to repair the cross-trainer at your home. If you're happy to go along this route, require (as a condition of your acceptance) that any guarantees commence from the date of delivery of the new machine.
  5. just google, the Sale of Goods Act 1979. If you want togo down the unfit for use line etc.

  6. Thank you for your reply putteesinmyhands. Somebody actually offered me £125 for it, but when they heard it rub they said no unless it was fixed. I shall give the refund route a try as it is the 2nd time now.

    Cheers STILTS, I'll read that now.
  7. Thats ok.

    Try to remember not to buy anything off Ebay that costs more than £9.99 in the future and you wont go far wrong.