E=Mc2 Posted October 19, 2017 Report Share Posted October 19, 2017 (edited) This is what you need. It's the law. Considering that Paisley is where consumer law started you would think we would be better informed. https://www.legislation.gov.uk/ukpga/1979/54 edited to add https://www.legislation.gov.uk/ukpga/2015/15/contents Edited October 19, 2017 by E=Mc2 Adding more information Quote Link to comment Share on other sites More sharing options...
Callum Gilhooley Posted October 19, 2017 Report Share Posted October 19, 2017 4 hours ago, Isle Of Bute Saint said: Still looking into this have found out domestic warranty is diffrent from a comercial warranty when living on an island. Doing a bit of home work before i phone the supplyer. That's correct but not just for an Island. Our company occasionally gets irate punters shouting about consumer protection when they have bought our product via third parties but as we deal with trade customers the rules are indeed different . ( don't ask me how or why !) That said , surely if you have bought your appliance from a trade supplier to be used in the trade you must have some cover. The island thing sounds like a pile of crap, what about places like Campbeltown ? is that ok but a nearby Island like Bute isn't ? Quote Link to comment Share on other sites More sharing options...
salmonbuddie Posted October 19, 2017 Report Share Posted October 19, 2017 The island thing sounds like a pile of crap, what about places like Campbeltown ? is that ok but a nearby Island like Bute isn't ? Years ago I was quoted an outrageous delivery charge because I have a PA postcode. Nothing would change their mind so I ended up having it delivered to my in-laws in Penilee. Quote Link to comment Share on other sites More sharing options...
E=Mc2 Posted October 19, 2017 Report Share Posted October 19, 2017 The Sale of Goods Act covers everyone in a buying chain. If a UK based factory sells to a wholesaler, who in turn sells to a retailer, who in turn sells to a consumer then they all can have recourse to the sale of goods act. If a consumer wins a case against a retailer in court then the retailer would not have too much of a problem turning to his supplier and winning the same case. Almost all manufacturer's guarantees will state at the end, "This does not affect your statutory rights". Your "statutory rights" being the Sale of Goods Act and its many amendments over recent years. What a consumer is not entitled to is "betterment". For instance, if you buy a new telly trading standards would say you should have an expectation that it will last 7 years. If the telly breaks down say in 3 years you would be entitled to a free repair. As modern TVs are almost beyond repair and as the technology is improving all the time, you are not entitled to a new improved replacement telly for free as this would be interpreted by the court as "betterment". You would be asked to make a contribution to the cost of the replacement. With, say the now equivalent new telly retails at £700, you may be asked to contribute to £200 to receive this new telly. If your telly broke down in its first year a retailer should replace with a new one at no cost to you. Even if the supplier to the retailer has gone bust your contract is with the retailer. If you lived on an island and purchased the goods on the mainland and you arranged carriage of those goods to the island then the retailer is entitled to an expectation that you will return those goods to his premises in the event of a problem arising. Without even considering the "island" scenario. If you bought a three piece suite in Inverness and took it on your own transport to Ullapool, and felt you had a genuine complaint you would be expected to return it to the shop. A few island retailers have warehousing on the mainland to facilitate supply of goods for their businesses. Quote Link to comment Share on other sites More sharing options...
Callum Gilhooley Posted October 19, 2017 Report Share Posted October 19, 2017 (edited) 21 minutes ago, E=Mc2 said: The Sale of Goods Act covers everyone in a buying chain. If a UK based factory sells to a wholesaler, who in turn sells to a retailer, who in turn sells to a consumer then they all can have recourse to the sale of goods act. If a consumer wins a case against a retailer in court then the retailer would not have too much of a problem turning to his supplier and winning the same case. Almost all manufacturer's guarantees will state at the end, "This does not affect your statutory rights". Your "statutory rights" being the Sale of Goods Act and its many amendments over recent years. What a consumer is not entitled to is "betterment". For instance, if you buy a new telly trading standards would say you should have an expectation that it will last 7 years. If the telly breaks down say in 3 years you would be entitled to a free repair. As modern TVs are almost beyond repair and as the technology is improving all the time, you are not entitled to a new improved replacement telly for free as this would be interpreted by the court as "betterment". You would be asked to make a contribution to the cost of the replacement. With, say the now equivalent new telly retails at £700, you may be asked to contribute to £200 to receive this new telly. If your telly broke down in its first year a retailer should replace with a new one at no cost to you. Even if the supplier to the retailer has gone bust your contract is with the retailer. If you lived on an island and purchased the goods on the mainland and you arranged carriage of those goods to the island then the retailer is entitled to an expectation that you will return those goods to his premises in the event of a problem arising. Without even considering the "island" scenario. If you bought a three piece suite in Inverness and took it on your own transport to Ullapool, and felt you had a genuine complaint you would be expected to return it to the shop. A few island retailers have warehousing on the mainland to facilitate supply of goods for their businesses. Are you sure that's right ? I'm pretty sure EU consumer law states electrical consumer goods have a two year guarantee unless an extended warranty plan has been bought / sold / given as part of a deal ? As I believe it , Trading standards expectations have no place in law. if I'm right , for them to say " an expectation of " wouldn't hold water , especially in a Telly which is notorious for not being able to hold fluids. ETA : I bought a new telly in 2015 with the guarantee of a better picture. Well the picture I watched on Sunday night was absolute crap. Do I have a case ? Edited October 19, 2017 by Callum Gilhooley Quote Link to comment Share on other sites More sharing options...
Isle Of Bute Saint Posted October 19, 2017 Author Report Share Posted October 19, 2017 1 hour ago, Callum Gilhooley said: That's correct but not just for an Island. Our company occasionally gets irate punters shouting about consumer protection when they have bought our product via third parties but as we deal with trade customers the rules are indeed different . ( don't ask me how or why !) That said , surely if you have bought your appliance from a trade supplier to be used in the trade you must have some cover. The island thing sounds like a pile of crap, what about places like Campbeltown ? is that ok but a nearby Island like Bute isn't ? If i lived in Thurso or Wick a tec would be sent out by the company on their cost. Now you and i know to drive up there it would cost more than to come to Bute plus a hotel would be needed. On a island you have to pay the tecs hourly rate from point A to point B and cover his travel costs. Thats what Lockart are saying. NUTS. Quote Link to comment Share on other sites More sharing options...
Callum Gilhooley Posted October 19, 2017 Report Share Posted October 19, 2017 15 minutes ago, Slartibartfast said: Hopefully you do, you might pack it and feck off. Aye prefurred ure risponse oan anurra Fred. Quote Link to comment Share on other sites More sharing options...
E=Mc2 Posted October 19, 2017 Report Share Posted October 19, 2017 (edited) 1 hour ago, Callum Gilhooley said: Are you sure that's right ? YES I'm pretty sure EU consumer law states electrical consumer goods have a two year guarantee unless an extended warranty plan has been bought / sold / given as part of a deal ? Show me this law. Warranties are nearly always a type of insurance policy. https://www.moneyadviceservice.org.uk/en/articles/extended-warranties-are-they-worth-it As I believe it , Trading standards expectations have no place in law. if I'm right , for them to say " an expectation of " wouldn't hold water , A sheriff decides what is "an expectation of" especially in a Telly which is notorious for not being able to hold fluids. If you are using your telly as a kettle then I would expect you would find it difficult to prove in court that the telly was sold to you on the understanding that it would enable you to make tea and you felt it was not fit for purpose. ETA : I bought a new telly in 2015 with the guarantee of a better picture. Well the picture I watched on Sunday night was absolute crap. Do I have a case ? If the picture you first viewed on your new telly on the day of purchase in 2015 was better than your old telly then at that point it was fit for the purpose that guided you to make the purchase. If you are now claiming that the quality of the picture you are now looking at has deteriorated since 2015 then you may have a case. Difficult to prove though unless you still have your original telly and are able to prove that an improved picture was the essence of the contract. Although if you do have your original telly and were able to show in court that the old telly has a better picture than your present telly as long as the defendant (the person who sold you your new telly) wasn't able to prove that you bought the new telly , not for the better picture, but for other reasons. Bigger screen, better sound, or wall mountable. Edited October 19, 2017 by E=Mc2 typo Quote Link to comment Share on other sites More sharing options...
Callum Gilhooley Posted October 19, 2017 Report Share Posted October 19, 2017 12 minutes ago, E=Mc2 said: Thank you for that . Very helpful . Although it still doesn't get over the fact that Sunday nights picture which featured Adam Sandler was truly terrible. So , Can I get my money back ? Quote Link to comment Share on other sites More sharing options...
E=Mc2 Posted October 19, 2017 Report Share Posted October 19, 2017 34 minutes ago, Callum Gilhooley said: Thank you for that . Very helpful . Although it still doesn't get over the fact that Sunday nights picture which featured Adam Sandler was truly terrible. So , Can I get my money back ? If shown on one of the commercial channels they would claim they didn't take your money and therefore have nothing to give you back. If it was on the BBC then then you may have a case. Quote Link to comment Share on other sites More sharing options...
Isle Of Bute Saint Posted October 19, 2017 Author Report Share Posted October 19, 2017 3 hours ago, E=Mc2 said: The Sale of Goods Act covers everyone in a buying chain. If a UK based factory sells to a wholesaler, who in turn sells to a retailer, who in turn sells to a consumer then they all can have recourse to the sale of goods act. If a consumer wins a case against a retailer in court then the retailer would not have too much of a problem turning to his supplier and winning the same case. Almost all manufacturer's guarantees will state at the end, "This does not affect your statutory rights". Your "statutory rights" being the Sale of Goods Act and its many amendments over recent years. What a consumer is not entitled to is "betterment". For instance, if you buy a new telly trading standards would say you should have an expectation that it will last 7 years. If the telly breaks down say in 3 years you would be entitled to a free repair. As modern TVs are almost beyond repair and as the technology is improving all the time, you are not entitled to a new improved replacement telly for free as this would be interpreted by the court as "betterment". You would be asked to make a contribution to the cost of the replacement. With, say the now equivalent new telly retails at £700, you may be asked to contribute to £200 to receive this new telly. If your telly broke down in its first year a retailer should replace with a new one at no cost to you. Even if the supplier to the retailer has gone bust your contract is with the retailer. If you lived on an island and purchased the goods on the mainland and you arranged carriage of those goods to the island then the retailer is entitled to an expectation that you will return those goods to his premises in the event of a problem arising. Without even considering the "island" scenario. If you bought a three piece suite in Inverness and took it on your own transport to Ullapool, and felt you had a genuine complaint you would be expected to return it to the shop. A few island retailers have warehousing on the mainland to facilitate supply of goods for their businesses. Good post , Islanders know you purchase items from John Lewis or Next you get the same service you get on the mainland delivery is free any problems a back up service is provided these two companies are a shining light to islanders. My position is a wee bit diffrent being comercial ( idustrial equipment ) . Especially when i asked about back up service to the sales man who lives in Largs so knows Bute well. Maybe i should have been more on the ball and asked to see the back up service in black and white hindsight is a great thing. Lockarts are a world wide company who are huge just feel let down and would never recommend them. Was told all my order would come as one with the salesman coming over to check everything off because purchased so much would get free delivery. Never happend the order placed mid July and fully paid for came in dribs and drabs some being the wrong items which i ended up paying delivery as most stuff went to a warehouse in Hillington then i had to hire a local company to pick up and deliver. Got soup bowls two days ago along with side plates. Glasses im told will be on Monday. Not just these items there has been plenty other problems that has put me back from opening the second week in August now we are well into October. Im just pissed off so pouring my frustration out big learning curve for me too late hopfully it might help someone else by reading this. Not one to be taken in by a salesman this guy seemd 100% genuine how wrong you can be. Quote Link to comment Share on other sites More sharing options...
E=Mc2 Posted October 20, 2017 Report Share Posted October 20, 2017 4 hours ago, Isle Of Bute Saint said: Good post , Islanders know you purchase items from John Lewis or Next you get the same service you get on the mainland delivery is free any problems a back up service is provided these two companies are a shining light to islanders. My position is a wee bit diffrent being comercial ( idustrial equipment ) . Especially when i asked about back up service to the sales man who lives in Largs so knows Bute well. Maybe i should have been more on the ball and asked to see the back up service in black and white hindsight is a great thing. Lockarts are a world wide company who are huge just feel let down and would never recommend them. Was told all my order would come as one with the salesman coming over to check everything off because purchased so much would get free delivery. Never happend the order placed mid July and fully paid for came in dribs and drabs some being the wrong items which i ended up paying delivery as most stuff went to a warehouse in Hillington then i had to hire a local company to pick up and deliver. Got soup bowls two days ago along with side plates. Glasses im told will be on Monday. Not just these items there has been plenty other problems that has put me back from opening the second week in August now we are well into October. Im just pissed off so pouring my frustration out big learning curve for me too late hopfully it might help someone else by reading this. Not one to be taken in by a salesman this guy seemd 100% genuine how wrong you can be. If the salesman made promises as part of his sales pitch that persuaded you to buy then that becomes part of the contract. Your only problem, unless you have a witness, is proving the saleman's words. The salesman's boss could try and claim that his salesman was wrong to make certain statements, but that is his problem and not your problem. He employs his salesman and he is responsible for what his employee says. Quote Link to comment Share on other sites More sharing options...
Isle Of Bute Saint Posted October 20, 2017 Author Report Share Posted October 20, 2017 4 hours ago, E=Mc2 said: If the salesman made promises as part of his sales pitch that persuaded you to buy then that becomes part of the contract. Your only problem, unless you have a witness, is proving the saleman's words. The salesman's boss could try and claim that his salesman was wrong to make certain statements, but that is his problem and not your problem. He employs his salesman and he is responsible for what his employee says. The wife was with me but to be honest i have not got the fight in me for a game of table tennis so to speak all my energy must now go into opening one week on Saturday happy days at last we hope. Quote Link to comment Share on other sites More sharing options...
Guest TPAFKATS Posted October 20, 2017 Report Share Posted October 20, 2017 IOBS - I think you might get just have to go with the status quo on this... Quote Link to comment Share on other sites More sharing options...
salmonbuddie Posted October 20, 2017 Report Share Posted October 20, 2017 That took a surprisingly long time to turn up... Quote Link to comment Share on other sites More sharing options...
saintnextlifetime Posted October 20, 2017 Report Share Posted October 20, 2017 20 hours ago, salmonbuddie said: Years ago I was quoted an outrageous delivery charge because I have a PA postcode. Nothing would change their mind so I ended up having it delivered to my in-laws in Penilee. Had a similar incident once but they eventually came round and gave free delivery. . Quote Link to comment Share on other sites More sharing options...
salmonbuddie Posted October 20, 2017 Report Share Posted October 20, 2017 Had a similar incident once but they eventually came round and gave free delivery. . Wasn't for lack of effort but no matter how many times I explained that the City of Glasgow boundary was a 5 minute walk from my house, computer say no... Quote Link to comment Share on other sites More sharing options...
scottd Posted October 20, 2017 Report Share Posted October 20, 2017 Quote Link to comment Share on other sites More sharing options...
salmonbuddie Posted October 20, 2017 Report Share Posted October 20, 2017 IOBS - I think you might get just have to go with the status quo on this... [/url] You wait ages for a bus then two turn up together... Quote Link to comment Share on other sites More sharing options...
scottd Posted October 20, 2017 Report Share Posted October 20, 2017 12 minutes ago, salmonbuddie said: You wait ages for a bus then two turn up together... Couldnae be bothered checking if anyone else had posted that fine tune. Quote Link to comment Share on other sites More sharing options...
Guest TPAFKATS Posted October 20, 2017 Report Share Posted October 20, 2017 Couldnae be bothered checking if anyone else had posted that fine tune.[emoji3] Me neither. Just assumed no one was sad enough...even on here [emoji23] Quote Link to comment Share on other sites More sharing options...
salmonbuddie Posted October 20, 2017 Report Share Posted October 20, 2017 Me neither. Just assumed no one was sad enough...even on here [emoji23] I was almost that sad person but resisted the temptation. Wonder who it turned out to be? Quote Link to comment Share on other sites More sharing options...
faraway saint Posted October 20, 2017 Report Share Posted October 20, 2017 Shame on the lot of you, ruining this thread. Quote Link to comment Share on other sites More sharing options...
Isle Of Bute Saint Posted November 12, 2017 Author Report Share Posted November 12, 2017 Have taken this up with the Argyle & Bute Westminster MP who did a bit of investigation about this. He also phoned the supplyer to talk about the warranty. the MP agrees with me this is wrong the e-mail he wrote reads he is reporting this to the minester and will get back to me. Im impressed someone is listening and looking into the matter good old SNP. Quote Link to comment Share on other sites More sharing options...
Tommy Posted November 12, 2017 Report Share Posted November 12, 2017 Have taken this up with the Argyle & Bute Westminster MP who did a bit of investigation about this. He also phoned the supplyer to talk about the warranty. the MP agrees with me this is wrong the e-mail he wrote reads he is reporting this to the minester and will get back to me. Im impressed someone is listening and looking into the matter good old SNP. Good for you that you have a mp doing what they should do [emoji106] When doosan decided to close the manufacturing base of my work, the snp member of the area whos office is only 100 yards away refused to stick his nose into the work and the msp was also no better. In fact the msp has also refused to help my wife in a medical campaign against MESH. I had supported the snp my whole life but no more. Rant over [emoji23] Quote Link to comment Share on other sites More sharing options...
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