Vehicle must be:
Of satisfactory quality
Fit for purpose
Match description, sample or model
Be installed correctly
Delivered on time or agreed time, or within 30 days
Up to 30 days
Consumer is entitled to a full refund. No deduction for wear and tear
Up to 6 months
Seller should be given the option to repair or replace. If after one unsuccessful repair then a refund can be made, with vehicles a dealer has the option to make a deduction for wear and tear
6 months to 6 years
If repair or replacement is not an option the consumer can claim a price reduction of final right to reject. Dealer can make deduction for wear and tear
The term must be transparent and understandable. There are terms that are black listed and grey listed, any implied terms on the black list cannot be upheld, terms on the grey list will be subject to a test of fairness.
What liability do manufacturers have in common law?
Common law states you need to prove there was negligence in the manufacturing process. Covers resulting damage/injury as a result of the negligence.
What liability do manufacturers have in statute?
Statute states you must prove the product was faulty/defective. Manufacturer or local agent/importer. Covers resulting damage/injury as a result of the negligence.
The manufacturer cannot reject the claim however they can make a deduction as the the owners actions in not resolving the fault in relation to the nature of the recall.
Section 75
Gives the consumer the right to make a claim directly with their credit card company for purchases between £100 & £30,000. Where goods are not of satisfactory quality, as described or not delivered at all. Including where the seller has ceased trading or cannot be located
Section 75A
Extends section 75 cover for claims above £30,000 and below £60,260. Consumer can make a claim when the seller cannot be traced, fails to respond or insolvent. Reasonable steps must be taken to pursue the seller.
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