- Created by: TashaChlo
- Created on: 06-01-15 20:47
reject goods (repudiate the contract) this right is lost if goods are accepted
4 new remedies – Sale and Supply of Goods to consumers regulations 2002
repair or replacement s.48b(1)
the buyer can request the seller to repair or replace the goods at the sellers expense. If the buyer makes this request they lose the right to reject the goods unless the seller does not comply within a reasonable time. The seller need not repair or replace the goods where this would be impossible or disproportionate to do so.
Onus of proof
if the consumer chooses to ask for repair or replacement during the first 6 months it is up to the retailer to prove the goods were not faulty. After 6 months the onus of proof reverts to the consumer.
Reduction of price s.48c(1)
the seller may be required to reduce the price where the seller has not complied with a request from the buyer to repair or replace because it would be disproportionate to do so. This is a secondary remedy and cannot be requested without the buyer first making a request for repair/replacement…