On Sat, 19 Jul 2003 20:30:37 +0100, "Frisket"
wrote:

Sorry to disagree but whether it's been used or not doesn't matter if it's
faulty - he's entitled to his money back.

Not really. If he had rejected the goods within a very short time
(typically one or two weeks) he might have been. The onus would of
course be on the user to prove there was a pre-existing fault at the
time of sale in this case. This right of rejection has been in the
Sales of Goods act for many years.

Since 31 Mar the amendments to the Sales of Goods act have brought in
an extra right to repair or replacement in consumer cases for faulty
goods with a presumption that the fault was pre-existing if purchased
in the preceding 6 months. Under the new amendments there is no
right to a refund unless repair or replacement is impossible or
impractical and if a refund is made it can be abated to take into
account the time the owner has had use of the goods.

The new rights only apply if the purchaser is dealing as a consumer.
If the goods were purchased as a business to business transaction
they do not apply.

--
Peter Parry.
http://www.wpp.ltd.uk/