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Faulty Goods or Fair Wear and Tear?

View profile for Annette Wood
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As a consumer you are entitled to expect the new goods you purchase to be of a satisfactory quality, taking into account any description, the price of the goods and any other relevant factors. If the goods are faulty you can complain. What you cannot complain about and expect a ‘legal’ remedy is where the ‘fault’ is:-

  • Fair wear and tear.
  • The goods have been misused or accidentally damaged.
  • If you decide that you no longer want the item.
  • Or the goods were faulty when purchased but you knew about the faults before buying.

If the goods are faulty you could be entitled to a full refund or a reasonable amount of compensation (otherwise known as “damages”). Alternatively you could ask the supplier to repair or replace the goods. As a consumer it is for you to prove that the goods were faulty when purchased.

What you do need to do however is act quickly if you think the goods you have purchased are faulty. If you delay in giving notice of the fault it could become difficult or more difficult for you to prove the goods were fault at the time of purchase. You could miss the opportunity for a replacement or refund.

If you end up in a dispute about faulty goods Court action can be expensive. There are alternative ways to resolve these sorts of issues.

If you have purchased goods that are faulty and need some advice about your rights then contact a member of Andrew & Co’s Dispute Resolution team:-

Annette WoodPartner/ 781476
Philip ArmitagePartner/ 593508
Kathryn BoltonAssistant 781475
Orla LoweAssistant 781468
Caroline SiddiqueeAssistant 781490