As a consumer, you are protected with a number of statutory rights which provide a range of remedies when you purchase goods for personal use i.e. not related to their trade, business or profession. Indeed, you have a greater choice of remedies than trade buyers.
Jagdip Bains, a dispute resolution solicitor with Ansons in Staffordshire explains your rights and your options if you have purchased goods in the sales, or received a Christmas present, which did not work – even you put the batteries in the right way around!
Certain terms are implied into any contract for the sale of goods and cannot be excluded in consumer contracts. In particular, goods must:
As a consumer, you have four possible remedies when products do not conform to the contract for sale:
The time limit for a consumer to bring a claim is six years. The date generally runs from the date the goods were sold, although there are some exceptions to this. The fact that consumers have five or six years to bring a claim, in theory, does not mean all goods should last this long in practice.
You must take reasonable steps to mitigate your loss. For example, you should report faults as soon as possible, to make it easier to show the goods were inherently faulty at the point of sale and to prevent the goods from deteriorating further.
The business that sold or manufactured the goods could be protected if:
According to government guidance, you cannot hold a business responsible for defects arising from:
Most consumer purchase problems are resolved satisfactorily without the need for legal advice or litigation. However, there are occasions where an item may be very high in value or where significant damage has been caused to property or a personal injury. If so, the Ansons dispute resolution solicitors, with offices in Cannock and Lichfield, will be delighted to help. Contact Jagdip Bains for further information on 01543 267 196 or email email@example.com