Repeated fault

[OTS]

Hi. Im a trucker and bought a truck sat nav to avoid low bridges ect in April this year. It has since developed two faults. Yesterday, I sent this email to the seller:

 

On 8th April 2012 I bough a Snooper Truckmate Lite S900 satellite

navigation device from you for the cost of £204.95. On or around 10th

August 2012 the device developed a fault in that it would not switch

on. I telephoned one of your colleagues who advised me to contact the

Manufacturer saying they would repair it and pay for the sent and

return postage. I contacted the manufacturer who advised me that

although they would repair it the cost of sending the device was to be

mine alone.

As I didn’t want to be without the device for my work for an extended

period, I travelled to the Manufacturers address and handed the

faulty device to them. I received the device back on 22nd August 2012.

A note inside the box advised me that the motherboard had failed and

that a new one had been replaced. On 14th September 2012 the device

developed the same fault, namely that it will not switch on.

 

The Sale of Goods Act 1979 makes it an implied term of the contract

that goods be as described of satisfactory quality and fit for

purpose. As you are in breach of contract I am rejecting the (item)

and request that you refund the sum paid to you of £204.95. This is

because I have lost faith in the device and have incurred unacceptable

consequential losses because of the faulty device.

 

I also require you to confirm whether you will arrange for the (item)

to be collected or will reimburse me for the cost of returning it to

you.

 

I look forward to hearing from you in the next seven days.

 

The next day I received this email from the seller:

 

Unfortunately, a refund is not something we can provide. As the unit is

under warranty, you can return this again to Snooper who will again replace

this for a new unit.

 

If this unit then fails again, Snooper will refund this item in full for you

directly.

 

The Snooper range is an extremely reliable product and is something you

should have no problems with in the future.

 

If I can be of any more help, please let me know.

 

Being without the device is begining to effect my job as I am using a car sat nav that sometimes takes me on unsuitable roads. My question is this. Am i within my rights to ask for a refund. Failing this what are my rights. Any advice gladly appreciated

 

OTS

[citizenB]

Does the Sale of Goods Act cover this at all ?

 

I will flag your thread for others who know more about this than me

[OTS]

Thank you

[citizenB]

It would appear your contract is with the supplier. Did you pay by credit card ? You might be able do a charge back ?