merchantable quality

Dad · Aug 13, 2006

I was wondering what the collective wisdom from this group is about the same
fault develpoing on my new defender. So far it has been back to the dealers
twice and is still not fixed.

The problem is engine oil leaking at the bell housing, the first time they
changed the sump gasket, even though I suggested it might be the rear main
seal.

The second time they did the rear main and changed the sump.

And the leak is still there, if it were a few decades old I would be a happy
camper with the odd oil leak, but not with a brand new vehicle.

So the question is how many bites at the cherry is reasonable before I
pursue a refund from land rover, for goods not of merchantable quality.

thanks in advance for any help advice or opinions.

Simon

Nige · Aug 13, 2006

Dad wrote:
> I was wondering what the collective wisdom from this group is about
> the same fault develpoing on my new defender. So far it has been
> back to the dealers twice and is still not fixed.
>
> The problem is engine oil leaking at the bell housing, the first
> time they changed the sump gasket, even though I suggested it might
> be the rear main seal.
>
> The second time they did the rear main and changed the sump.
>
> And the leak is still there, if it were a few decades old I would
> be a happy camper with the odd oil leak, but not with a brand new
> vehicle.
> So the question is how many bites at the cherry is reasonable
> before I pursue a refund from land rover, for goods not of
> merchantable quality.
> thanks in advance for any help advice or opinions.
>
> Simon

I had a Mini cooper S for 6 months & it spent 4 weeks of that in the garage. It didnt get fixed & i told
them to keep it. It's not hard to sort, just tell them you are rejecting it & you want your money back.

Nige

jon · Aug 13, 2006

heres a link that maybe helpful for you

jon

http://www.oft.gov.uk/Consumer/Your+Rights+When+Shopping/default.htm

"Nige" <[email protected]> wrote in message
news:[email protected]...
> Dad wrote:
>> I was wondering what the collective wisdom from this group is about
>> the same fault develpoing on my new defender. So far it has been
>> back to the dealers twice and is still not fixed.
>>
>> The problem is engine oil leaking at the bell housing, the first
>> time they changed the sump gasket, even though I suggested it might
>> be the rear main seal.
>>
>> The second time they did the rear main and changed the sump.
>>
>> And the leak is still there, if it were a few decades old I would
>> be a happy camper with the odd oil leak, but not with a brand new
>> vehicle.
>> So the question is how many bites at the cherry is reasonable
>> before I pursue a refund from land rover, for goods not of
>> merchantable quality.
>> thanks in advance for any help advice or opinions.
>>
>> Simon
>
> I had a Mini cooper S for 6 months & it spent 4 weeks of that in the
> garage. It didnt get fixed & i told them to keep it. It's not hard to
> sort, just tell them you are rejecting it & you want your money back.
>
> Nige
>

Hirsty's · Aug 13, 2006

> So the question is how many bites at the cherry is reasonable before I
> pursue a refund from land rover, for goods not of merchantable quality.
>
No expert at all; however as I understood it if you accept a repair then
you are stuck. demand a replacement at the outset and you are entitled to
it. Trouble is I think that applies to the high street with small goods not
major items ??
If it were me I would be asking to see CEO and after some form of
compensation for my woes. At the very least an equal replacement untiol all
sorted out.

Good luck

John H

Nige · Aug 13, 2006

Hirsty's wrote:
>> So the question is how many bites at the cherry is reasonable
>> before I pursue a refund from land rover, for goods not of
>> merchantable quality.
>>
> No expert at all; however as I understood it if you accept a repair
> then you are stuck. demand a replacement at the outset and you are
> entitled to it. Trouble is I think that applies to the high street
> with small goods not major items ??
> If it were me I would be asking to see CEO and after some form of
> compensation for my woes. At the very least an equal replacement
> untiol all sorted out.
>
> Good luck
>
> John H

You are better to let them try to sort it as it counts for you, but you really dont have to accept it
after it has been 'repaired'

Nige

ChavScum · Aug 13, 2006

Merchantable quality (sale of goods act) was superceded by satisfactory
quality in the sale and supply of goods act 1994.

Satisfactory is defined as safe, durable, fit for purpose and free from
minor defects.

Clarification of the terms now puts the onus on the dealer to fix and
sort, without affecting the consumer's right of rejection.

So the next time it goes in, supply in writing an intent to reject if
the fault is not sorted on the 3rd attempt. Document the previous
inconvenience and disappointment you have endured. Keep it factual,
non-emotional and non-threatening.

If it aint fixed next time you will have a very strong case. The law
is on your side despite what a dealer wil try and tell you or cajole
you into.

Hirsty's · Aug 14, 2006

"ChavScum" <[email protected]> wrote in message
news:[email protected]...
> Merchantable quality (sale of goods act) was superceded by satisfactory
> quality in the sale and supply of goods act 1994.
>
> Satisfactory is defined as safe, durable, fit for purpose and free from
> minor defects.
>
> Clarification of the terms now puts the onus on the dealer to fix and
> sort, without affecting the consumer's right of rejection.
>
> So the next time it goes in, supply in writing an intent to reject if
> the fault is not sorted on the 3rd attempt. Document the previous
> inconvenience and disappointment you have endured. Keep it factual,
> non-emotional and non-threatening.
>
> If it aint fixed next time you will have a very strong case. The law
> is on your side despite what a dealer wil try and tell you or cajole
> you into.
>

Does this apply to certain categories of goods or carte blanche to all goods
?

simon · Aug 16, 2006

Is me again {was DAD} new computer hence the name change.

OK quick update. Spoke with a manager over the phone on wednesday about the
prob was having, and explained exactly why the defender wasn't up to the job
with the oil leak.

the upshot is that I will be rejecting the vehicle and returning it to them
on saturday.

OK, my circumstances are not exactly run of the mill, which do have a
bearing on the reason for rejection.

Anyway all smiles at this end, once again thanks to all who replied

Simon

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