Geek99 Posted September 10, 2012 Share Posted September 10, 2012 [quote name='Musky' timestamp='1347305624' post='1799171'] Just as an aside, the reason for complaint would be 'unsatisfactory quality' rather than 'unfit for purpose'. Unfit for purpose is when goods cannot be used for their intended purpose, e.g. if you'd been sold a guitar rather than a bass, but it doesn't refer to the quality of the goods.[/quote] As a law graduate, I respectfully disagree. Unfit for purpose has a broad meaning, and is taken in context of the item in question. If adjusters don't adjust, it's unfit. NB the seller must have a chance to rectify, and they should get this chance first [quote name='Musky' timestamp='1347305624' post='1799171']As has been already said, you'll probably find yourself on a sticky wicket trying to pursue this now and a diplomatic approach to DV247 is probably your best bet. [/quote] Yes, totally agree, negotiation and dialogue is always best Quote Link to comment Share on other sites More sharing options...
Evil Undead Posted September 10, 2012 Share Posted September 10, 2012 I want better than perfect when I buy a brand new instrument Quote Link to comment Share on other sites More sharing options...
Big_Stu Posted September 10, 2012 Share Posted September 10, 2012 (edited) [quote name='Geek99' timestamp='1347308456' post='1799227'] the law is very clear. It should be of suitable quality and fit for purpose.[/quote] , it depends on so many things, as a law student you should know that - the act is a whole lot longer than "should be of suitable quality and fit for purpose" and value does come into it, not that it should in this case but it does in the actual act in law, it's often down to what can be "reasonably expected"; which is why I suggested he contact experts on the subject. And even with law on your side you can't walk into a shop & take money you're owed from a till, you have to decide what you're going to do about it (been there, done that, T-shirts etc). It's very difficult, to have any of the relevant bodies actually enforce the law even when they say they can and would do, - again T-shirts to show for it. As I said, so many things have happened as to negate many points of the sale of goods act - and why I suggested some of the things you now have [i]a few days later[/i]; eg. 2nd opinion without having work carried out being one, too much time passing as to invalidate others. Photographic evidence can - and has been - considered invalid if you can't also prove it's the exact same item in question. This would also appear to be irrelevant discussion since the OP has said a few times now that he's actually prepared to accept - grudingly - the bass, but would prefer to have £ for wasted time & costs, I'm not sure if that's something which can be claimed for alone at a small claims but they only way to find out is to investigate. Personally I'd try a letter to the owner of the store with a "is this how you like your shop to be portrayed?" Another alternative, which the law does cater for is for the OP to warn the shop that since they are unable to rectify the fault they intend to have the work done by someone who can & then sue the shop for the value of those costs. I've used that as a threat in the past (along with "You realise it would appear in the local papers too? - bad publicity") but didn't have to carry it out as the shop conceded. Edited September 10, 2012 by Big_Stu Quote Link to comment Share on other sites More sharing options...
gafbass02 Posted September 10, 2012 Share Posted September 10, 2012 [quote name='LukeFRC' timestamp='1347308720' post='1799237'] woo way to make the OP feel better! [/quote] Jus' sayin' like Quote Link to comment Share on other sites More sharing options...
Geek99 Posted September 11, 2012 Share Posted September 11, 2012 [quote name='Big_Stu' timestamp='1347311919' post='1799295'] , it depends on so many things, as a law student you should know that - the act is a whole lot longer than "should be of suitable quality and fit for purpose" and value does come into it, not that it should in this case but it does in the actual act in law, it's often down to what can be "reasonably expected"; which is why I suggested he contact experts on the subject. And even with law on your side you can't walk into a shop & take money you're owed from a till, you have to decide what you're going to do about it (been there, done that, T-shirts etc). It's very difficult, to have any of the relevant bodies actually enforce the law even when they say they can and would do, - again T-shirts to show for it. As I said, so many things have happened as to negate many points of the sale of goods act - and why I suggested some of the things you now have [i]a few days later[/i]; eg. 2nd opinion without having work carried out being one, too much time passing as to invalidate others. Photographic evidence can - and has been - considered invalid if you can't also prove it's the exact same item in question.[/quote] I apologise for not being quicker off the blocks, I get time to read this board when I get time. It does indeed depend but I also know that County Court judges ([b]if[/b] it goes that far in these cases) generally go for their gut feeling about who's played by the rules and who's being naughty without actually bending the law too much. They seem to reach these decisions very early, judging by what I've seen. Its not like a simple sale of goods case would ever reach the court of appeal with its associated costs and there are no minutes. I've won every SOGA case I've taken to court by following SOGA good practice. I do agree its hard to get public bodies to act, and its got harder recently. Youre pretty much on your own. [quote] This would also appear to be irrelevant discussion since the OP has said a few times now that he's actually prepared to accept - grudingly - the bass, but would prefer to have £ for wasted time & costs, I'm not sure if that's something which can be claimed for alone at a small claims but they only way to find out is to investigate. Personally I'd try a letter to the owner of the store with a "is this how you like your shop to be portrayed?" Another alternative, which the law does cater for is for the OP to warn the shop that since they are unable to rectify the fault they intend to have the work done by someone who can & then sue the shop for the value of those costs. I've used that as a threat in the past (along with "You realise it would appear in the local papers too? - bad publicity") but didn't have to carry it out as the shop conceded. [/quote] Not sure this would work, although I see your logic - they sound a bit hard-core. I [b]would[/b] have bought from them until now, but I'll avoid them like the plague based on this report. Maybe thats where the OPs revenge should lie. Everyone who's read this (I would think) would at least think twice now. Quote Link to comment Share on other sites More sharing options...
molan Posted September 11, 2012 Share Posted September 11, 2012 How about contacting MM direct? Surely their customer service people would have something to say about this? Quote Link to comment Share on other sites More sharing options...
Geek99 Posted September 11, 2012 Share Posted September 11, 2012 that is a good idea,. Quote Link to comment Share on other sites More sharing options...
mushers Posted September 11, 2012 Author Share Posted September 11, 2012 [quote name='molan' timestamp='1347362146' post='1799734'] How about contacting MM direct? Surely their customer service people would have something to say about this? [/quote] dont think MM would want to hear about a sterling ray (they didnt when i tried to register if for warranty ) spoke with strings and things after i realised dv247 were being silly not noticing a neck with a serious issue, i spoke with strings and things once more asking for some new screws for the machine heads because they were wonky and chewed which they posted out to me FOC and fast strings and things have been great except for the wonky screws and frets but now the frets are sorted and if i can be bothered the screws sorted this weekend enjoying this bass now dont want it changed for another with high/rough frets Quote Link to comment Share on other sites More sharing options...
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