a customer bought a watch one and a half years ago and water entered it. he also bought 3 more watches of the same brand and none of them are watereresistant he says he wouldnt have bought them had he known that they were not even splash proof to admit the washing of hands under the tap or to hold an umbrella in the raini think we told customer watch is just splash proofis cusomer entitled to a ny remedy ?
System of Law: England-and-Wales
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.Did you tell him it was water resistant?
it was a long time ago -in 4 different shops -we can't remember - if its not waterresistant we wouldnt have told him so - the only thing we would admit to is that it should be splash resistant if a bit of water falls on it or if its raining and it gets a bit wet - but not if it rains in torrents
Unless you said it was water resistent or the advertising made that point there is no claim against you.The SoGA doesn't allow him to reject the product because he is disappointed. He needs to show a fault. Unless you told him there was water resistance there is no misrepresentation argument.
Bar Exams, over 5 years in practice.
but is he entitled to claim that the watch isnt even splash proof ie you cant wash your hands with it or wear it in the rain
i will have to continue tomorrow
i have to log off now
please reply still and i will get back to you tomorrow
If he can't wash his hands or take it out in the rain then there is an argument that this is not splash proof Im afraid.
so we should have it tested in factory to make it splash proof
is this his only remedy ?
No, he could claim against the manufacturer too but his rights are better against the seller. Unfortunately you are liable for the faults of the manufacturer although you could take it up with your supplier.
hello again and thanks for yesterday
do you accept that there is rain and there is a torrent of rain the same way there is washing of hands with a few drops splashing on the watch and there can be a lot more than a few drops splashing on the watch than expected , so what is the definition of splash proof - what the law says or what the manufacturer's guarantee says
There isn't a legal definition of splash proof but a court would generally accept that the kind of rain we generally have in the UK should be withstood by a watch advertising itself to be splash proof.
what if we cannot remember what we told the customer if its splash proof or not - remember he bought 4 watches and hes claiming against 4 watches
Then the court will probably find in his favour as he will give evidence that you did say that and you cannot deny it.
but you told me yesterday in another answer that after 6 months the onus is on the customer to prove that we told him it was splashproof not on us
The onus is generally upon the person bringing the case to prove the allegation.But here he says that was told that it was splash proof and you cannot deny it so the matter is proven unless he is wildly incredible.
BUT IF HE WASNT told anything about splashproof then we will follow the guidelines in the manufacturers general principles and only if we are in contravention of that is he entitled to a remedy
whats the remedy anyway
we acntb refund him 4 watches
he should have asked each time whether or not its spashproof or water resistant
on whom is the onus to describe the product on the seller or the buyer
caveat emptor let the buyer beware here or not ?
1 Yes, but thats not the same thing as saying you don't remember.2 Probably partial refund or exchange.3 Not sure what you mean?4 Not if you made representations on the point.5 The onus is upon the person alleging but if you cannot deny it then it is proven.6 No, this is a commercial sale.
but where you dont make representations on a point what duty does seller have to describe a watch
does he have to explain at all that it is splash proof , 30 , 50 , 100 metres water resistant , not at all water resistant or waht does he have to explain ?
You don't have a duty to describe an item at all but if you do it must be truthful.it will be my pleasure to continue with this but please rate my answer OK SERVICE or above.
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