Sale of Goods Act & Accessories

MetroLinker

Does anybody know if the sale of goods act extends to include accessories?

Example - I purchase a laptop and a laptop bag designed to fit that exact model. The laptop is faulty and I am offered a refund. Do they have to offer a refund on the bag as well or just on the laptop?

Examples - jacket & separate purchase item of a jacket repair kit (e.g. buttons), car & separate purchase item of a spare tyre with the same alloy type, etc.

Wheety

Was it a package? Or did you buy the laptop bag separately?

Claw Hammer

MetroLinker wrote: »

Does anybody know if the sale of goods act extends to include accessories?

Example - I purchase a laptop and a laptop bag designed to fit that exact model. The laptop is faulty and I am offered a refund. Do they have to offer a refund on the bag as well or just on the laptop?

Examples - jacket & separate purchase item of a jacket repair kit (e.g. buttons), car & separate purchase item of a spare tyre with the same alloy type, etc.

Having offered to refund you on the laptop without giving you a replacement it can be argued that the laptop bag is no longer fit for the purpose for which it was required. A lot would turn on whether or not you bought the laptop after telling the retailer you wanted a bag for a specific laptop. Most shops wouldn't go to the same claims court over it anyway. They should take the bag back and refund you.

Peregrinus

Claw Hammer wrote: »

Having offered to refund you on the laptop without giving you a replacement it can be argued that the laptop bag is no longer fit for the purpose for which it was required. A lot would turn on whether or not you bought the laptop after telling the retailer you wanted a bag for a specific laptop. Most shops wouldn't go to the same claims court over it anyway. They should take the bag back and refund you.

The bag is fit for purpose; it's just that the customer no longer requires it for that purpose. But a change in the customer's circumstances/requirements as a result of which he no longer wants the product is not covered by the Sale of Goods legislation.

I think a lot of shops would offer a refund on the bag for the sake of the goodwill, but there's no legal requirement.

MetroLinker

I just came up with the laptop and laptop bag as an example of what I was thinking. It just seemed interesting to consider that if they were sold as a single bundle, you would be able to return both, but sold as separate items, you may not be covered.

4ensic15

Peregrinus wrote: »

The bag is fit for purpose; it's just that the customer no longer requires it for that purpose. But a change in the customer's circumstances/requirements as a result of which he no longer wants the product is not covered by the Sale of Goods legislation.

I think a lot of shops would offer a refund on the bag for the sake of the goodwill, but there's no legal requirement.

If it is pointed out at the time of purchase that an item is required for a particular purpose and it does not fulfil that purpose then it is not fit for purpose. Section 14(1) of the Sale of Goods Act 1983.
If I say I want powder for a particular make of washing machine and it turns out that the powder I am given by the retailer can't be used in that make of washing machine, I can compel the retailer to refund me or give me a powder which will work in that machine. If I walk in and buy the same powder without saying anything, I am stuck with it provided that it is washing powder and that it will work in some machine.
In this thread, the o/p hasn't given enough information but if he bought a laptop and said "have you a bag to suit it" he will be entitled to claim that the bag is no longer fit for purpose on the return of the laptop.

Peregrinus

4ensic15 wrote: »

If it is pointed out at the time of purchase that an item is required for a particular purpose and it does not fulfil that purpose then it is not fit for purpose. Section 14(1) of the Sale of Goods Act 1983.
If I say I want powder for a particular make of washing machine and it turns out that the powder I am given by the retailer can't be used in that make of washing machine, I can compel the retailer to refund me or give me a powder which will work in that machine. If I walk in and buy the same powder without saying anything, I am stuck with it provided that it is washing powder and that it will work in some machine.
In this thread, the o/p hasn't given enough information but if he bought a laptop and said "have you a bag to suit it" he will be entitled to claim that the bag is no longer fit for purpose on the return of the laptop.

No, he wouldn't. The bag is perfectly fit for the purpose specified on sale, which is to hold an Asus Model 123 (or whatever). It's just that the purchaser no longer has any use for a bag which will hold an Asus Model 123, but that's not because they bag's not fit for purpose; it's because he no longer has an Asus Model 123.

4ensic15

Peregrinus wrote: »

No, he wouldn't. The bag is perfectly fit for the purpose specified on sale, which is to hold an Asus Model 123 (or whatever). It's just that the purchaser no longer has any use for a bag which will hold an Asus Model 123, but that's not because they bag's not fit for purpose; it's because he no longer has an Asus Model 123.

If he bought the 2 iutems together specifying that he needed the one for the other it would be caught by Section 14 (1).
14. Subject to the provisions of this Act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale, except as follows :—

(1) Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller’s skill or judgment, and the goods are of a description which it is in the course of the seller’s business to supply (whether he be the manufacturer or not), there is an implied condition that the goods shall be reasonably fit for such purpose, provided that in the case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose:

rock22

4ensic15 wrote: »

If he bought the 2 iutems together specifying that he needed the one for the other it would be caught by Section 14 (1).
14. Subject to the provisions of this Act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale, except as follows :—

(1) Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller’s skill or judgment, and the goods are of a description which it is in the course of the seller’s business to supply (whether he be the manufacturer or not), there is an implied condition that the goods shall be reasonably fit for such purpose, provided that in the case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose:

But the bag is still fit for purpose and the OP has never claimed it is not.

4ensic15

rock22 wrote: »

But the bag is still fit for purpose and the OP has never claimed it is not.

He bought or may have bought an entire package. The bag is now useless to the o/p.

Peregrinus

Agreed, if he bought a laptop-and-bag deal, the entire contract can be set aside.

But if he bought a bag, and bought a laptop, no. This isn't a fitness-for-purpose issue; it's a frustration-of-purpose issue.

4ensic15 wrote: »

He bought or may have bought an entire package. The bag is now useless to the o/p.

It's useless to the OP, but that doesn't mean it's not fit for purpose. It;s perfectly fit for the purpose specified when he bought it, which was to hold an [XYZ] model laptop.