Rejecting Goods & Services.

Basic Law

  • Goods and Services should be of satisfactory quality .
  • Goods should be fit for the purpose for which bought.
  • Goods should conform to description.

Second hand sales are included but don’t expect a silk purse for a sow’s ear.

So What’s New?

A number of new consumer protections have been introduced over the last few years. One of these is the law surrounding the right to reject goods and to be put back into the position that you were before you agreed to buy.

At one time, the right to reject was short lived and easy to lose – sometimes lost within a few days of purchase.

Now under the Sale and Supply of Goods to Consumers Regulations 2002, the right may (effectively) be extended to 6 months. During that period the onus is on the seller to prove that any defect was not present at the time of sale. Even beyond that period your right may not be lost – but the evidential burden of proving defects may be rather difficult.

  • Despite the 6 month period, you should always act promptly and not leave it until 5 months and 29 days
  • Also don’t suppose that trivial defects such as a loose connection that can be easily remedied will allow a right of rejection.

On the other hand, a Harley Davidson dealer selling an £11,500 bike and forgetting to put oil in it can hardly complain when the engine overheats and the customer seeks rejection.

However, suppose the dealer acts totally reasonably, apologises, checks the machine over and assures you that all is well. You are prepared to accept it back but have reservations about what would happen if the assurances of the dealer prove to be misguided – and the machine ultimately proves to be irreparably damaged. In those circumstances can you preserve your rights?

Probably yes. But you should write to the dealer (keeping a copy) stating that you rely on his judgement, as an expert, but reserving the right to reject the bike – and whenever the defect is revealed.

As always every case depends on its own individual facts and you should seek professional help. Bikers Advice can help.

HEALTH WARNING
This information is given in good faith. However, neither Bikers Advice nor its servants or agents can be responsible for any inaccuracies. Every case in different and the law can change. Always obtain professional advice in your particular case.

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