Currently Listening To: Runaway Train from the album "Grave Dancers Union" by Soul Asylum
I didn't get much sleep last night for one reason or another and so was really tired when I woke up. In order to get through the day my mind decided I needed the quick burst of energy that only jelly could provide (no, don't ask me why, I think you had to be there to get it and I clearly was not). Remarkably it actually worked and I felt oddly energetic, not needing to yawn at all until I got back. Narrowly missing the guy who came to deliver my phone charger, although why that was the case is something I'm unsure of. I can't remember doing anything other than getting on the Tube and riding it to Victoria so I ought to have been back well before him. Weird.
Anyhow pursuant of their obligations under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002 to furnish me with a choice of rejection, cure or refund, Orange clearly took note of s.35(2) which concerns the waiver of the right to reject and more specifically the intimation that the buyer has accepted the goods before he has had "reasonable opportunity of examining them for the purpose-
(a) of ascertaining whether they are in conformity with the contract, and
(b) - not really applicable at all in this instance.
and no (4) doesn't apply because I don't consider 5 days to be a lapse of 'a reasonable amount of time' without intimating to the seller than I am rejecting them.
Basically meaning that they weren't total tossers and immediately sent for a replacement, non-dead mobile charger to be couriered to me. You'd be surprised how many companies will flagrantly disregard their obligations under the various forms of Sale of Goods legislation in existence today although for the most part the big ones are quite good about it (they have legal teams which inform them of nasty lawsuits in potentia hidden amongst their clumsy actions).
I'm also going to get hot on the trail of the Sheryl Crow CD I bought but never received. Even after emailing the seller I've had no reply and still have no CD. This means war! Or alternatively a black mark in someone's Amazon Marketplace account feedback!
Later
John
Posted by John Swaine at November 12, 2003 06:17 PM