*Way* OT: Sale of Goods Act

From: Glenatacme_at_aol.com <(Glenatacme_at_aol.com)>
Date: Tue Jun 13 23:15:43 2000

Tony Duell wrote:

> In the UK, if you buy something from a shop then it has to be 'of
> merchantable quality' -- it has to do the job that a reasonable person
> would expect that sort of product to do (a computer has to compute, a TV
> set has to receive currently-broadcast programmes, a packet of %food has
> to be edible, etc). Also, if you ask a shop owner for a product to do a
> particular job ('I want a computer to run this word processor package',
> 'I want a glue to stick metal') then the product he sells you has to do
> that job.

Yes but . . . suppose a customer comes in with a software package which has
the "System Requirements" listed in the documentation. Customer takes the
system, finds out software won't run, even though the stated requirements are
met, and returns the system. We replace the system, and the software still
won't go. Then we discover that the software is buggy, or finicky. Does the
merchant still owe the customer a refund, even though there is no real fault
in the hardware? This happened to me, and it wasn't any fun . . .

> You can sell a defective item if you point out the defects before sale
> 'This computer is an ex-demonstration model, missing box, instructions
> and mouse'. In that case I can't complain later that the mouse is
> missing. But if, say, the floppy drive doesn't work then I have a right
> to a refund.

A refund? Or replacement of the defective drive, under warranty??

Glen
0/0
Received on Tue Jun 13 2000 - 23:15:43 BST