Problem with a Purchase: Difference between revisions
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==More information== | ==More information== | ||
*Contact the Better Business Bureau. They may suggest mediation or arbitration as informal ways to resolve your dispute. You and the seller must both agree to this. With mediation, a third-party mediator helps both sides reach a solution. With arbitration, an arbitrator hears both sides of the story and then makes a decision that is legally binding. The phone number for the Better Business Bureau for mainland BC is 604.682.2711. The Vancouver Island Better Business Bureau is at 250.386.6348. | *Contact the Better Business Bureau. They may suggest mediation or arbitration as informal ways to resolve your dispute. You and the seller must both agree to this. With mediation, a third-party mediator helps both sides reach a solution. With arbitration, an arbitrator hears both sides of the story and then makes a decision that is legally binding. The phone number for the [http://www.bbb.org/mbc Better Business Bureau] for mainland BC is 604.682.2711. The [http://www.bbb.org/vancouver-island/ Vancouver Island Better Business Bureau] is at 250.386.6348. | ||
*Check with [http://www.consumerprotectionbc.ca/ Consumer Protection BC]. It has a list of [http://www.consumerprotectionbc.ca/consumers-other-businesses-home/resources-a-links resources and links for consumers]. You can also phone Consumer Protection BC at 1.888.564.9963 for help. | *Check with [http://www.consumerprotectionbc.ca/ Consumer Protection BC]. It has a list of [http://www.consumerprotectionbc.ca/consumers-other-businesses-home/resources-a-links resources and links for consumers]. You can also phone Consumer Protection BC at 1.888.564.9963 for help. |
Revision as of 22:57, 28 April 2015
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Dial-A-Law features free information on the law in British Columbia in over 130 topic areas. A service of People's Law School, Dial-A-Law is available on Clicklaw Wikibooks, its own website at dialalaw.ca, and on the telephone at 1-800-565-5297. |
This script discusses what you can do if youโve bought a product or items (called โgoodsโ) that are defective.
When you buy and receive goods, you are making a contract
Your contract is with the person or company who provides the goods. (If a person is an employee of a company, your contract is with the company only.) Your rights and obligations depend on BC law and the terms of the contract. A contract does not need to be in writing. It can be a verbal contract.
The terms of a contract can be express or implied
- An express term is one that you and the seller agreed onโeither verbally or in writing, or both. A term is binding only if you have a contract. If the seller doesnโt give you what you agreed on, then you have certain rights to get the goods you agreed on, or to get your money back.
- An implied term is one that the law says is part of a contract, even though you havenโt discussed it with the seller.
Express terms are best
To avoid misunderstandings and arguments, itโs best to have express terms, not implied terms. Implied terms are broad, and different people can interpret them to mean different things. Also, include in the contract what will happen if the seller doesnโt live up to the contract.
Guarantees and warranties are common express terms
Look carefully at guarantees and warranties in your purchase contract. Guarantees and warranties are often so vague, or buried in so many qualifications, that they may not be of any value to you. Often, you have to follow certain operating or cleaning instructions for a guarantee or warranty to be valid. For example, if you buy a car, the warranty may require you to get the car regularly serviced at an authorized dealer. And some goods are sold for certain purposes or uses only. Using the goods for other purposes will cancel the warranty. If the seller makes any promises or guarantees, get them in writingโbefore you sign the contractโand make sure you understand any limits on them.
Four implied terms when you buy new goods
In BC, the Sale of Goods Act (sections 17 to 19) requires four implied terms, called โconditions,โ to be in some contracts for the purchase and sale of new items. The goods must:
- match the description or the sample.
- be reasonably fit for your purpose for them.
- be of merchantable quality.
- last for a reasonable time.
If the seller breaks the condition or doesnโt carry out a condition of the contract, then you (the buyer) can reject or return the goods and cancel the contract. You are entitled to get back the money you paid, plus payment for any extra expenses the defective goods caused.
1. The goods must match the description or sample
If the seller showed you a sample of the goods, thereโs an implied condition that the goods will match their description or match the sample. An example of goods sold by sample is carpeting. If the carpet delivered to you isnโt the same as the sample in the showroom, you donโt have to accept it. Similarly, if the goods are sold by description, thereโs an implied condition that the goods will match the description. Catalogue sales are a good example of a sale by description. If you ordered something from a catalogue, you can send it back if it isnโt the same as the description.
2. The goods must be reasonably fit for your purpose for them
The goods must be reasonably fit for the buyerโs purpose. But there are two catches to this condition:
- First, this condition applies only if itโs the sellerโs business to sell things, and the goods are things they usually sell. So a private sale between two people isnโt covered, or if your hairdresser orders you a computer, that also isnโt covered.
- Second, this condition applies only if you told the seller how you planned to use the goods and explained that you were relying on their skill and judgment. For example, if you go to a hardware store and tell the salesperson you want a saw to cut metal pipes, and they sell you a saw that cuts only light wood, the saw isnโt reasonably fit for the purpose you bought it for. But if you just picked up the saw yourself (thinking it should work for metal pipes) and took it home without any discussion, you wouldnโt have the right to cancel the contract, because you didnโt explain to the seller why you needed the saw. Also, if the seller gave you notice of the intended use (for example, a label says โthis is a saw for cutting wood onlyโ) and you used it differently, for cutting metal, then you couldnโt rely on this condition to get your money back.
3. The goods must be of merchantable quality
The product cannot have any defects if you buy it by description from someone who sells that type of goods. So, it applies to catalogue sales and most mail order sales. But it wouldnโt apply if you bought something privately through an online ad, for example. It also wouldnโt apply if you examined the goods first and had a chance to discover any defects before buying.
4. The goods must last for a reasonable time
This implied condition applies only if you use the product as intended. It doesnโt apply if you use the goods for something they werenโt made for. For example, you canโt say that an ordinary vacuum cleaner designed for household dust hasnโt lasted for a reasonable time if it breaks down as you use it for heavy construction debris.
What can you do if the goods you bought are defective?
Immediately return the goods to the seller. Ask the seller to replace the goods. If a replacement isnโt available, ask for a refund. If the product isnโt suitable for its use, then ask for a refund. Donโt keep using the defective product until you return it or after you demand a refund or exchange. If you keep using it, you could (and probably will) lose the right to return it.
What if you canโt return the goods?
Tell the seller in writing that youโre rejecting and returning the goods. Act fast. If the seller wonโt give you a replacement or refund, leave the defective goods with the seller, and get a dated receipt for them. Then make your complaint to the storeโs customer complaint department. If you still donโt get any solution, complain to the president of the company and tell the company in writing that you will sue. To do that, you can see a lawyer for legal advice. Or you can sue on your own. If your claim is $25,000 or less, you can sue in Small Claims Court. Scripts 165 to 169 have more on suing in Small Claims Court. For more than $25,000, you have to sue in BC Supreme Court. You should get legal advice before doing that.
Research your purchase
Your best protection as a consumer is to be well informed. If a seller makes promises or guarantees that youโre relying on, get those promises and guarantees in writing and make sure you understand them.
More information
- Contact the Better Business Bureau. They may suggest mediation or arbitration as informal ways to resolve your dispute. You and the seller must both agree to this. With mediation, a third-party mediator helps both sides reach a solution. With arbitration, an arbitrator hears both sides of the story and then makes a decision that is legally binding. The phone number for the Better Business Bureau for mainland BC is 604.682.2711. The Vancouver Island Better Business Bureau is at 250.386.6348.
- Check with Consumer Protection BC. It has a list of resources and links for consumers. You can also phone Consumer Protection BC at 1.888.564.9963 for help.
- If the goods you bought arenโt defective, but they donโt live up to the glowing promises made by the seller, check Script 260 on โDishonest Business Practices and Schemesโ.
[updated April 2015]
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