Being a newly appointed legal advisor, I m asked to discuss the issues present in Tefal Actifry which is a product to shallow fry the chips. IRAC system which means Issue, Relevant Law, Application and Conclusion will be used in order to address the issues presented. Relevant legislation in regards with business law will be properly used in order to cite the references.
Discussion
Question 1
The first question raised relates to Paul Price who is clearly concerned about the Tefal Actifry. In order to explain to Paul Price about his rights regarding the issues he is having with the product he has purchased, the Sale of Goods Act 1979 (amended) will be used and referred.
Issue
Paul Price is concerned with the quality of Tefal Actirfy and wants to know his rights regarding that.
Relevant Law
The Sale of Goods Act is a provision that creates a legal binding between the buyer and the seller of any product that is covered under a contract. Customers like Paul Price possess many rights in the situation when they are not happy with the products, but usually customers are unaware of their rights. If the product like Actifry does not make the customer happy or does not fulfil the requirements it is meant for, customers can use their rights in many ways. If the product is unable to satisfy customer, in England he can make claims up to 6 years for anything like refund, replacement or repair (SOGA, www.legislation.gov.uk)
Section 14 describes about fitness or quality of the product. Where the owner provides products in the course of a company, there is a recommended phrase that the products provided under the agreement are of sufficient excellent. For the requirements of this Act, products are of sufficient excellent if they fulfil the conventional that a affordable individual would respect as sufficient, getting consideration of any information of the products, the cost (if relevant) and all the other appropriate conditions. It further says for the requirements of this Act, the excellent of products contains their condition and situation and the following (among others) are in appropriate situations factors of the excellent of goods;
(a)Fitness for all the requirements for which products of the type in concern are generally provided,
(b)Appearance and complete,
(c)Freedom from slight problems,
(d)Safety,
(e)Durability.
Section 48 of the act gives the provisions where the seller is bound to repair or replace the products. If the client needs the owner to fix or substitute the products, the owner must;
(a) Repair or, as the situation may be, substitute the products within a affordable time but without producing considerable difficulty to the buyer;
(b) Bear any necessary expenditures received in doing so (including in particular the price of any manual work, components or postage) (SOGA, www.legislation.gov.uk)
Application
The above described sections of the sale of goods act gives a right to Paul Price to claim his refunds, replacement or he can even take the company to the ...