Not fit for the purpose intended?

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BringTheRain

BringTheRain

BringTheRain

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Hello GD

I am hoping someone may be able to help me out here.

An item I have had for 3 weeks has broken. Contacted the manufacture and they are getting back to me

Looked through the terms and conditions. And a 12month warranty is included. But they say it only covers faults when manufactured.

My fear is proving it has a manufacture defect, but then they have to prove it doesn't.

I just want some help, in case they ring tomorrow and just try and fob me off :( How does Not fit for the purpose intended work? Do I have to prove it. Or is the fact it lasted 3 weeks and broke enough?

Had a really **** day so can someone help OR at least try to cheer me up :(

Thanks
 
It is assumed to be a manufacturing defect if it breaks so soon, assuming you were using it properly. If you snapped it over your knee obviously it wouldn't count.
 
Fit for purpose also states that it should last for a reasonable amount of time before breaking through standard use. You may have a problem with proving you didn't break it though.
 
Zefan said:
Fit for purpose also states that it should last for a reasonable amount of time before breaking through standard use. You may have a problem with proving you didn't break it though.
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Bummer :( I can't see anyone could break one though.

The only way I think you could break it is.

A over your knee,maybe
B driving over it
C trapping it in a door and closing it

Other than I am stumped.

The snap is almost perfect, all except for some carbon shards.

If it was broken via A,B or C it would splinter loads and crack. This is like a clean snap :(
 
nonhelmet said:
What's the item? I'd have thought that after just 3 weeks the onus was on them to prove it's not a manufacturing defect.
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Generally you'd be right on that, for something to break so soon after purchase would usually flag up a flaw in the product unless it was being used outwith it's intended purpose.

If you haven't used it in a manner that is likely to cause it to break then it should fall to the manufacturer to prove that it is fit for purpose. You may have to be willing to go to the small claims court to prove it though or at least start the debate.
 
I really hope it doesn't go that route. As ordering in the future would be difficult at a guess. Just gutted. Also no pole, means I cannot work next week. I want to try and bodge a fix, but can't as I need to hear from them ASAP. Tomorrow I can do some work. But really need it fixed. GRRR
 
Put your foot down until they fix it.

My rear brake light on the boot broke 3 months within purchasing a new Ford Fiesta. The local Ford garage told me it wasn't covered under warranty as it was "damage". There was no way I could have caused the "damage" by reversing into anything or hitting it due to the placement of the screw and crack. It was blatantly obvious that the screw on the light had been over tightened at manufacture and me closing the boot had cracked the plastic around the screw.

After a fair amount of kicking up a sink Ford customer support approved Ford paying for the repairs.
 
Fit for purpose doesnt mean what you think it means. It isn't about stuff not breaking.

An example an item thats not fit for purpose under the sale of goods act is a wheelbarrow if I sold it to you, as a shop, and explained that it was also a coffee machine.
 
You have had it 3 weeks and it has broken? Per the Sale of Goods Act 1979 faults that develop within the first 6 months for consumers are presumed to be present at point of sale. They will have to prove to you that it wasn't. Inherent manufacturing defect resulted in weakness evidenced by the fact it wasn't of satisfactory quality to sustain use as intended.
 
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hux said:
Gorilla tape, then whip it off when they respond?
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I would need to somehow slide/slot the broken bit's together. Couldn't just tape it, as that would be unstable.

Will ring round tonight to see if I can borrow a pole I guess

I really hope I don't have to go to court or the route of radio. But will have to at a push. 3 weeks is not good!
 
[TW]Fox;19585034 said:
Fit for purpose doesnt mean what you think it means. It isn't about stuff not breaking.

An example an item thats not fit for purpose under the sale of goods act is a wheelbarrow if I sold it to you, as a shop, and explained that it was also a coffee machine.
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Ah right ok, tbh had to return very little in my life. So that's not good!

PMKeates said:
You have had it 3 weeks and it has broken? Per the Sale of Goods Act 1979 faults that develop within the first 6 months for consumers are presumed to be present at point of sale. They will have to prove to you that it wasn't. Inherent manufacturing defect resulted in weakness evidenced by the fact it wasn't of satisfactory quality to sustain use as intended.
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Ah right ok, so scrap the not fit for the purpose intended. I could challenge them with sale of goods act? I hope they just say, will pop the section out asap. According to warranty, i have to send the faulty bit for inspection. I have no problem with this, but mean while I earn no money :(
 
BringTheRain said:
Ah right ok, so scrap the not fit for the purpose intended. I could challenge them with sale of goods act? I hope they just say, will pop the section out asap. According to warranty, i have to send the faulty bit for inspection. I have no problem with this, but mean while I earn no money :(
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This all sounds silly to me. Where did you buy it from? Take it to them. Within 6 months, unless the shop that sold it to you wants to get in to a big argument, they will replace it pretty much straight away.

If you can offer some more detail like what this 'pole' actually is and where you bought it from we could help more.
 
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