Screwfix and the Sale of Goods Act

[Lobster]

I've just fitted a Screwfix PIR outside lantern at home, only to find that it is faulty. Normally, I'd just send it back for a replacement but unfortunately, I bought this over 12 months ago; it's sat in it's box untouched on a shelf ever since, and I know from experience that Screwfix simply won't want to know if I ask them to swap it after 12 months havce elapsed.

Just to make it worse for me, uncharacteristically I binned the box after fitting the light; the problem didn't emerge until a few days later because it's the light detector which is duff, not the motion part, and the light detector has to be set at precisely dusk... it took me a few days to remember to do it by which time the binmen had been. So other than the fact that the light is obviously 'as new' with noi signs of weathering, I have no real proof that I've only just installed it.

AIUI the Sale of Goods Act stipulates that goods must be fit for purpose at the time of purchase, which mine clearly wasn't, so I don't see why Screwfix shouldn't exchange it (I don't even want a refund).

Anyone got any tips/experience on how to make Screwfix play ball? It's not a desperately expensive item, it's just the PRINCIPLE of the matter, innit?!

David

[tinnews]

Have you actually tried saying the above to Screwfix and seeing what happens? They will take quite a lot on trust if you are a reasonably good and regular customer.

[HLAH]

"Lobster" wrote

You have the right to a replacement or refund under the Sale of Goods Act if an item is faulty as long as you bring this to the notice of the retailer within a "reasonable time", a "reasonable time" being a flexible definition. As I understand it Screwfix guarantee their goods for 12 months, so I would guess bringing a fault at the time of purchase to their attention after 12 months would be rather stretching the definition of "reasonable".

H

[Lobster]

Not yet (I'm still trying to track down the purchase date actually), but although I am a pretty regular and good customer (as shown by the number of invoices which I'm trying to check!), they have certainly played hardball with the 12 months rule in the past (although a less cut and dried situation TBH) so I'd just like to have all my potential ammo lined up first before I call them!

David

[The3rd Earl Of Derby]

If its not expensive as you say? then purchase another one for spare and then send the duff one back to them.

[Andy Hall]

On Wed, 19 Jul 2006 11:58:51 +0100, Lobster wrote (in article ):

How much was it? Less than £20

If it were me (and I am completely intolerant of retailers trying to wriggle off the hook), I would try one phone call and an email plus a possible second email with escalation and then forget it.

It wouldn't be a good ROI on time to do much more than this

[Pete Cross]

When you say it's the light sensor that is faulty, do you mean it lights up due to deteting movement even in daylight ? if so, you could find that they have stuck a label over the sensor to allow you to adjust the angles during daylight.

[google]

How much over? The 12 months is a purely arbitrary period set by Screwfix or the manufacturer. Your statutory right may extend much longer depending upon the exact circumstances and expectations of the quality of the product.

[Lobster]

Yep, exactly: the idea is you wait till dusk, then slowly turn a set-screw until it turns on (or off, can't recall which without checking). I've done it before with a similar one perfectly OK.

if so, you could find that they

Nice thought but no. (You can adjust during daylight by rotating the screw fully a/clockwise)

David

[Paul Andrews]

Maybe it was - twelve months is a long time.

I think the real lesson here is don't buy things and wait a year before doing something with them..

I would give them a ring, but just reflect on my own tardiness if they didn't play ball.

Imagine if you were the seller and someone came along with the story. How sympathetic would you be..

[The3rd Earl Of Derby]

Ain't that the norm in some DIY'ers ? ;-)

[Lobster]

Embarrassed to say that I've just found the invoice - the reason I couldn't find it was that it's nearly 3 years old!!! Oops. Just can't believe that... but the paperwork doesn't lie.

There's no doubt in my mind that it must have been faulty when supplied, but don't think I'll be troubling Screwfix over this one...

David

[HLAH]

Lol, sounds like your filing system is like ours :-)

H

[robertharvey]

I heard an european MEP on "You and Yours" saying that ever since 2002 a minimum of 2 years has applied thorughout the EU. I checked, and found this:

"The seller is liable to the consumer for any lack of conformity which exists when the goods are delivered to the consumer and which becomes apparent within a period of two years unless...." See also 17

This has led to a lively discussion in a number of places, of which the best informed seems to be this one:

[Ed Sirett]

Perhaps you should revise you "stock control" methods?

[The3rd Earl Of Derby]

Perhaps his other half hasn't got him in tow?

[Lobster]

Mm, well, she thinks she has!

Sorting out the front door, plus associated lighting, has been on my list for ages and I bought the light in readiness. However, I've been wondering (for 3 years apparently!) on how to fit the light without totally trashing the external render - remember my recent thread

?! and kept moving on to do something else more "important" instead. Anyway, job done at last!

David

[Stuart]

It's a bit like looking in your kitchen cupboard and finding things like a bag of flour that had a use by date of 4 years previously and you wonder where the time has gone ..LOL

Stuart

[tinnews]

What "12 months rule"?