Consumer Remedies for Poor Quality Goods - Essay Example

? Consumer Remedies for Poor Quality Goods Inserts His/her Inserts Grade Inserts submission Outline 1.0 Introduction 2.0 Right to Reject Goods 3.0 Right to Repair of Replacement 4.0 Right to Rescission and Reduction in Price 5.0 Damages Consumer Remedies for Poor Quality Goods Introduction One of the major statutory rights of a consumer is that the items purchased are expected to be of reasonably good quality. This right encompasses fitness for purpose for which the item was specified, the appearance and finish of the good, should be free from minor blemishes, should be safe to use and of durable quality. Failure of the goods to measure up to these criteria amounts to a breach of consumer’s statutory rights entitling the consumer to various remedies against the retailer. The White Paper policy was formulated to minimise differences in manners of purchase.1 These remedies are discussed below. Right to Reject the Goods When a consumer discovers that the goods hired or purchased from a retailer do not match the description given, or are unfit for purpose intended for, or are not of merchantable quality, they are entitled to reject them and thus terminate the contract. With the contract terminated, they will not be under an obligation to pay for the goods as previously provided by the contract. This right will not be available where the purchase or hiring is within the course of business and the defect is so insignificant that rejecting the goods would be unreasonable. This remedy is available if the defect is noticed within six years from the time of purchase2 and it is shown that the fault has not been caused by ordinary wear or tear or through misuse by the purchaser. Within the first six months, it is for the retailer to prove that the goods in question were not inherently defective. After the six months the burden shifts to the consumer to prove that the goods were defective when they were sold. When the goods are fairly returned, the retailer is required to refund all the money that had been paid for the purchase of the goods. He is also required to compensate the consumer for losses or expenses properly incurred by the consumer due to the defectiveness of the goods. Right of a consumer to reject will be lost if the consumer accepts the goods. Acceptance is deemed to have taken place when the consumer expressly states that they have accepted the good, when they alter the goods or when they continue to keep the goods for a reasonable duration of time3. Courts’ decisions on what amounts to a reasonable period of time provide varied answers. In the case of Bernstein V Pamson Motors (Golders Green) Ltd4, where the consumer was held to have accepted the car by keeping it for less than four weeks after purchasing it. In contrast, in Bowes V Richardson & Son Ltd5, it was held that the consumer had the right to reject the car even after keeping it for seven months after purchase. The consumer will lose his right to complain of the faultiness of the goods if he purchased the goods more than 6 years ago. They will also not be entitled to complain where they knew the goods to have been defective at the time of sale after it was pointed out to them. Even where the defect was not pointed out to them but the consumer had them examined by an independent party and the defect was manifestly visible or should have been discovered from a proper examination of the goods, he will still have no legitimate right to complain about the defect. Also, they will not be entitled to complain if at the time of sale the retailer came out clean and confessed that they were unsure of the suitability of the goods for purpose. When a consumer purchases second hand goods, he still has the right to a product that is fully useable and undamaged and can return the goods if they are found not to be useable. When the consumer knowingly purchases a defective item, even though they cannot return the item on the basis of that particular defect, they can still return the item if another defect, not pointed out to them at the time of sale, is discovered. Right to Repair or Replacement This is the first option available to the consumer once he discovers that the goods purchased are faulty6 or when he does not want a refund for the goods. The retailer is obligated to repair or replace the goods if they are returned six months after the purchase and when more than six months, the consumer may have to prove that the goods were faulty at the time of sale.7 This right continues up to six years after purchase where it is reasonable for such goods to have lasted that long. The retailer cannot waive his responsibility to repair or replace by referring the customer to the manufacturer. When the retailer/trader agrees to repair the goods this must be done within a reasonable duration of time. The repairs should not cause any inconveniences to the customer such as to cause him to incur losses for the duration in which the goods are being repaired. One may ask for compensation from the dealer for any losses incurred if the repairs were not carried out within a reasonable duration. The retailer can choose to replace the goods instead of repairing them where repairing is inconvenient and involving unreasonable costs. Similarly, he may decide to repair the goods even where the customer had asked for replacement where replacement is inconvenient and more expensive. If the repairs are not done or it is not possible to do them within a reasonable duration, the customer may ask for a refund from the retailer and not go on with the repairs. One can also ask for a refund where it’s not practical to carry out the repairs or to replace the goods. Only a portion of the purchase money will be refunded where the appearance of the goods have declined or where the goods became defective after some time or only one of the functions of the goods have failed. But where only a little or no use out of the goods was obtained the consumer is entitled to a refund of all the purchase money. Right to Rescission and Reduction in Price This remedy overlaps with the right to reject the goods and return them. When a buyer discovers that the goods sold to him are defective, he has the right to treat that as a breach of contract by the seller and he may depend on that ground to treat the contract as rescinded or terminated8. If this happens, he will be under no obligation to pay the price as contained in the terms of sale. A buyer may also ask for a reduction of price in respect of goods he will not take delivery of. Damages A consumer may also be entitled to compensatory damages from the dealer for injury caused by use of defective goods purchased for the dealer both when he has already rejected the goods and when he has not.9 Also, he may have a cause of action for damage caused to his other property by the defective goods where it is was directly caused by the defective property.10 Thus the retailer should know that the consumer has all the above remedies properly open to him where poor quality goods are sold to him. References 1. Sale of Goods Act 1979 (UK) 2. Anonymous (2011), Returning Damaged or Faulty Goods, What Consumer, Meanwhile Trading Ltd. Bolton, England, UK 3. Consumer Sales Directive 1999 on Consumer Remedies. 5. Bernstein v Pamson Motors (Golders Green) Limited [1987] 2 All ER 220 6. Sale and Supply of Goods Regulations 2002 (SI 2002 No 3045) 7. Bowes v Richardson & Son Ltd, 28 January 2004 (unreported) 8. A Better Deal for Consumers (July 2009 (UK) 9. Consumer Protection Act 1987 (UK) 10. The Law Commission and The Scottish Law Commission (November 2009), Consumer Remedies for Faulty Goods, (Law Com No 317, Scot Law Com No 216), The Stationery Office Ltd, UK Read More