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RE: Need legal advice?
Tony,
Your contract is with whomever you paid your money to, no matter what
anyone
tells you, this is the law. WRT Warrenty, this is with the person you
bought
the goods from, if there is a fault, you retrun to them and they return to
their
supplier however, in this day and age you could return to the supplier
direct
but the legal responsibility remains with the seller.
You've got me going now, there is another act you may have heard of which
is the
'Trades Descriptions Act' which sets out all the gubbins about fitness
for
purpose etc so for say the cake example, if you found a rat (or worse half
a
rat) in the middle of the cake then presto, not fit for purpose !
I do believe that there is a legal minimum that a manufacturer must
warrent
something as being free from workmanship faults etc but I'm not too sure
what
this is. You would be passing on the manfacturers warrenty so no
problem there.
On the opening of goods issue, this is not enforcable by the
retailer/supplier
if you can demonstrate that the goods are faulty, you normally see terms
and
conditions with a disclaimer 'This does not affect your statutory rights'
blah
blah. Your rights are included in both the acts that I
mentioned. Trouble is
most folk do not know what their rights are and accept the word of the shop
etc.
It happen to me where I bought a couple of PC's for a friend to give to his
kids
for christmas, I set up etc. One failed that I had to replace out of
my own
pocket as said friend turned into something else and I got stung with
months of
support calls for which I spent a lot of effort with 'dare I say' no
profit.
Hence learned about the above.
Mark
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