merchantable quality

I was wondering what the collective wisdom from this group is about the same fault develpoing on my new defender. So far it has been back to the dealers twice and is still not fixed.

The problem is engine oil leaking at the bell housing, the first time they changed the sump gasket, even though I suggested it might be the rear main seal.

The second time they did the rear main and changed the sump.

And the leak is still there, if it were a few decades old I would be a happy camper with the odd oil leak, but not with a brand new vehicle.

So the question is how many bites at the cherry is reasonable before I pursue a refund from land rover, for goods not of merchantable quality.

thanks in advance for any help advice or opinions.

Simon

Reply to
Dad
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I had a Mini cooper S for 6 months & it spent 4 weeks of that in the garage. It didnt get fixed & i told them to keep it. It's not hard to sort, just tell them you are rejecting it & you want your money back.

Nige

Reply to
Nige

heres a link that maybe helpful for you

jon

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> I was wondering what the collective wisdom from this group is about

Reply to
jon

No expert at all; however as I understood it if you accept a repair then you are stuck. demand a replacement at the outset and you are entitled to it. Trouble is I think that applies to the high street with small goods not major items ?? If it were me I would be asking to see CEO and after some form of compensation for my woes. At the very least an equal replacement untiol all sorted out.

Good luck

John H

Reply to
Hirsty's

You are better to let them try to sort it as it counts for you, but you really dont have to accept it after it has been 'repaired'

Nige

Reply to
Nige

Merchantable quality (sale of goods act) was superceded by satisfactory quality in the sale and supply of goods act 1994.

Satisfactory is defined as safe, durable, fit for purpose and free from minor defects.

Clarification of the terms now puts the onus on the dealer to fix and sort, without affecting the consumer's right of rejection.

So the next time it goes in, supply in writing an intent to reject if the fault is not sorted on the 3rd attempt. Document the previous inconvenience and disappointment you have endured. Keep it factual, non-emotional and non-threatening.

If it aint fixed next time you will have a very strong case. The law is on your side despite what a dealer wil try and tell you or cajole you into.

Reply to
ChavScum

Does this apply to certain categories of goods or carte blanche to all goods ?

Reply to
Hirsty's

Is me again {was DAD} new computer hence the name change.

OK quick update. Spoke with a manager over the phone on wednesday about the prob was having, and explained exactly why the defender wasn't up to the job with the oil leak.

the upshot is that I will be rejecting the vehicle and returning it to them on saturday.

OK, my circumstances are not exactly run of the mill, which do have a bearing on the reason for rejection.

Anyway all smiles at this end, once again thanks to all who replied

Simon

Reply to
simon

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