Sales of Good Act 1994

Sales of Good Act 1994

1. Main features: You are entitled to expect that any goods you buy from a trader are:

   • Of satisfactory quality Applies to new and second hand goods bought. This means goods must be durable, safe and have acceptable appearance.
     • Examples: A new garden hose should not have a hole in it The heal on your new shoes should not break the first time you wear them.
   • Fit for any particular purpose made known to the seller Applies to new and second hand goods bought If a toaster does not toast bread it is not fit for its purpose If seller recommends suitable/particular goods it should do the recommended purpose.
   • As described Applies to new and second hand goods bought
     • Examples: If coat is real leather it should not be fake If dinner set is white it should not be cream

2. Protection for consumers: If you’ve bought something which does not have the main features the law gives you a number of remedies.

   • If you complain to the retailer within reasonable time then you are entitled to a refund. The law does not say what a reasonable time is.
     • You can ask for a replacement of repair within reasonable time. The retailer has to bear any costs, e.g. transporting the goods.
       • The retailer can refuse these remedies, if it can be shown that the other would be less costly.
         • You can ask for a refund if a trouble-free or replacement is not possible. Right to: take it further - Replacement, return, repair (3 R’s) or compensation
   • Once gone beyond reasonable time you are entitled to claim compensation and consequential losses that result directly from the goods being unsatisfactory.

3. Points to remember: You have no real grounds for a complaint if you:

   • Were told about the fault before you purchased the item.
   • Examined the item when you bought it and should have seen the fault.
     • Made a mistake when purchasing the item.
       • Simply changed our mind about the item.

4. PPQ points:

   • Faulty product: How does SOG Act apply: Goods are not ‘of satisfactory quality’ – the product is not working as it should. Not ‘fit for purpose’ – designed to do a particular job No ‘as described’ The law gives consumers the right to take the matter further, i.e. provide a repair / replace / refund (3 R’s)
   • When is a consumer not protected? If there was a fault and you were told about it before purchasing Examined the item then you should have seen the fault Made a mistake when buying the item Simply changed your mind about the item If you keep a product longer than what is considered a ‘reasonable time’ before making a complaint Goods bought from private seller, e.g. car boot sale When consumer causes the fault

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