My company is being taken to the small claims court over the sale of 8 led light bulbs. The product had a one year guarantee, almost two years have elapsed and the buyer is going to court under the guise that this is a long life product which has not fulfilled its purpose.
System of Law: England-and-Wales
We have refused to accept this as we have never given a guarantee for hours. We have issed a defence and counterclaim
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We are being taken to court over the Sale of Goods Act (1979)which states that all goods should last a reasonable length of time. The amount involved is £47.45 The purchase was over two years ago. The customer assumed a lifespan of UP TO /Average50,000 hours which we have never stated. This timescale can vary depending on the Seller.
1. Is our guarantee valid?
2. Has he the right to demand the money back?
The guarantee that you offer means nothing in law. It is no more than an offer that you make to your customers as part of the purchase contract. The fact that you have that guarantee does not mean that he cannot rely on the sale of goods act.However, if you consider his sale of goods act rights is unlikely that he does have a claim here.The EU directive gives any citizen of any member state 6 years to sue. However, that does little more than the common law did.Under the sale of goods act he has a right to demands that goods are fit for purpose. That does not mean perfect but it does mean reasonably good. It does include durability. What is reasonably durable will depends on the product, and its value.Since these lightbulbs have lasted for 2 years it is unlikely that the court would think that they have been insufficiently durable.Unless your contract guaranteed a certain lifespan he cannot rely upon that either.Even if the court decides that the products are faulty there will not order you to pay all of his money back. They are entitled to reduce any award to take into account the use that has been had from the item.Please rate my answer with OK SERVICE or more and then I will continue for free.
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