Sales of Good Act 1994

Main features: You are entitled to expect that any goods you buy from a trader are:
1. Of satisfactory quality Applies to new and second hand goods bought. This means goods must be durable, safe and have acceptable appearance.
  1. Examples: A new garden hose should not have a hole in it The heal on your new shoes should not break the first time you wear them.
2. Fit for any particular purpose made known to the seller Applies to new and second hand goods bought If a toaster does not toast bread it is not fit for its purpose If seller recommends suitable/particular goods it should do the recommended purpose.
3. As described Applies to new and second hand goods bought
  1. Examples: If coat is real leather it should not be fake If dinner set is white it should not be cream
Protection for consumers: If you’ve bought something which does not have the main features the law gives you a number of remedies.
1. If you complain to the retailer within reasonable time then you are entitled to a refund. The law does not say what a reasonable time is.
  1. You can ask for a replacement of repair within reasonable time. The retailer has to bear any costs, e.g. transporting the goods.
    1. The retailer can refuse these remedies, if it can be shown that the other would be less costly.
      1. You can ask for a refund if a trouble-free or replacement is not possible. Right to: take it further - Replacement, return, repair (3 R’s) or compensation
2. Once gone beyond reasonable time you are entitled to claim compensation and consequential losses that result directly from the goods being unsatisfactory.
Points to remember: You have no real grounds for a complaint if you:
1. Were told about the fault before you purchased the item.
2. Examined the item when you bought it and should have seen the fault.
  1. Made a mistake when purchasing the item.
    1. Simply changed our mind about the item.
PPQ points:
1. Faulty product: How does SOG Act apply: Goods are not ‘of satisfactory quality’ – the product is not working as it should. Not ‘fit for purpose’ – designed to do a particular job No ‘as described’ The law gives consumers the right to take the matter further, i.e. provide a repair / replace / refund (3 R’s)
2. When is a consumer not protected? If there was a fault and you were told about it before purchasing Examined the item then you should have seen the fault Made a mistake when buying the item Simply changed your mind about the item If you keep a product longer than what is considered a ‘reasonable time’ before making a complaint Goods bought from private seller, e.g. car boot sale When consumer causes the fault

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