TJ – The bit you just quoted from my post was taken directly from the sales of goods act.

(1)If section 48A above applies, the buyer may require the seller—

(a)to repair the goods, or

(b)to replace the goods.

(2)If the buyer requires the seller to repair or replace the goods, the seller must—

(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

(3)The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—

(a)impossible, or

(b)disproportionate in comparison to the other of those remedies, or

(c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

(4)One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—

(a)the value which the goods would have if they conformed to the contract of sale,

(b)the significance of the lack of conformity, and

(c)whether the other remedy could be effected without significant inconvenience to the buyer.

(5)Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—

(a)the nature of the goods, and

(b)the purpose for which the goods were acquired.

Then the bit that you posted;

Q11. The retailer has said that a repair is “disproportionately costly” and insists I accept a replacement as an alternative. Must I accept this?

Yes, and vice versa if you request a replacement and this is “disproportionately costly”. However, remember any remedy has to be carried out “without significant inconvenience” and within a “reasonable time” for the consumer. Remember that you could also seek damages instead.

Appears to agree with my point.

sugdenr – Just reread your post. As to the point about the buyer being able to request repair or replacement, the act explicitly states that the buyer cannot require one remedy over the other if that remedy is disproportionate in comparison to the other of those remedies. Then describes that one remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable.

That seems reasonably clear to me that as a seller I can deny replacement if the cost is greatly more than the repair that I am offering.

Again thoughts and your reason as to why you disagree if you do are appreciated, if my reasoning if wrong I would like to learn why.
Thanks 🙂

sugdenr – Ok clearly you do understand the law and I appreciate a rational discussion. The retailer has the opportunity to show that the goods conformed to contract at the point of sale.

If a tv functions without problems for 5 and a half months then the backlight stops working. The seller can show that the goods did conform at the date of purchase so the right of the buyer to reject is invalid.
Or is that assumption incorrect?

If it’s incorrect then every retailer I have worked for, or purchased from has been in breach of the law.

@sugdenr see my post above regarding which has to be offered.

No…

Faulty goods – Refund prior to goods being accepted. Repair or replacement after the goods have been accepted.

The law says that the buyer cannot require the seller to do one over the other if the cost is disproportionate in comparison to the other of those remedies. For example you can’t demand they replace a £1000 tv if they are offering to repair it because the cost of replacing it is disproportianately more expensive than repairing it.

If repairing it cannot be carried out without significant inconvenience to the buyer then the same applies. The seller can’t demand a repair over a replacement.

TJ the law is NOT clear. You can reject the item in a reasonable time so that you are able to inspect the goods. As mentioned several times this is not outlined. A retailer could easily argue that after 28 days he has had enough time to inspect the goods and as such has accepted them.

The six months is a time period in which a burdon of proof is put on the retailer. It is not defacto accepted that it is inherently faulty.
The retailer just has to proove that the goods were of satisfactory condition when they were purchased.
After six months it’s up to you to provide proof that they were faulty when purchased.

Also TJ the reasonable time a product should last and therefore be replaced or repaired differs from the time in which you have to reject a sale and get a refund.

Exactly so whats the argument about? the fact remains the item is believed to be faulty and therefore should be offered either a repair, refund or replacement regardless of whether he’s accepted the sale.

the two facts are separate. you dont relinquish your rights by accepting the sale.

Your rights change after you have accepted the sale.
Once the item has been deemed to be accepted then you are not entitled to a refund. As per your rights you are entitled to repair or replacement.

Oh dear, yes weasel out of it that is what I am doing.
I am trying to offer accurate advice on the sales of goods act to the best of my ability. I work in retail but I also buy things, the difference is I know my rights and don’t make them up then get angry when my made up rights aren’t met.

Yes repaired or replace. A retailer doesn’t have to replace if they can repair in a reasonable time. The law doesn’t specify which they have to offer over the other.

I didn’t write the law and I am not claiming that it is especially pro-consumer but neither am I going to give inaccurate information on it.

Final link then, from the Office of fair trading[/url] website. It actually makes it really clear and is useful to read.

Under Section 5 your customers rights.

Acceptance

Customers are entitled to reject goods if they are faulty (do not match the description, are not of satisfactory quality, or are not fit for purpose) and receive a full refund if they have not yet accepted the goods.

Before a customer is believed to have accepted the goods they have purchased, the law allows customers a reasonable opportunity to inspect or examine the goods and this should take place within a reasonable time.

The law does not give a time limit for acceptance. When trying to decide if a customer has had a reasonable opportunity to inspect their goods, consider what an impartial person in a court would think reasonable for that product in the circumstances.

Faulty goods that have been accepted

If the item does not conform to contract (is faulty) for any of the reasons outlined and the customer has accepted the goods, the law says the customer is entitled to claim a repair or replacement of the goods in the first instance.

Now the 6 months part that you keep going on about.

Requesting a repair or replacement

If a customer has accepted the goods and is requesting a repair or replacement because the goods are faulty, the onus on who is required to prove the problem depends on how long ago they purchased the item.

Under six months – the customer does not have to prove the item was faulty when they bought it from you. If you disagree it is up to you, the retailer, to prove the item did conform to contract (or that the fault did not exist) at the time of sale.

Over six months – you are entitled to ask the customer to prove the item was faulty when they bought it from you. If they are able to do this they are entitled to a repair or replacement.

Also TJ the reasonable time a product should last and therefore be replaced or repaired differs from the time in which you have to reject a sale and get a refund.

TJ, Yes I work in retail. It’s not my own company though.

Two seconds worth of googling for consumer information…

Watchdog
Which[/url]

weirdnumber

Nope its the consumers choice you do not have to accept a repair – read the link above

Remedies
If a product that was faulty at the time of
sale is returned to the retailer, the buyer
is legally entitled to: a full refund,

its very clear – no ifs buts an ands

The right to reject goods and get a refund if usually only a few weeks after which the buyer is assumed to have accepted the goods, and not that 6 months outlined where you are then entitled to a repair or a replacement.
The seller can offer a repair first and you have to allow them the opportunity to repair the product.

Repair / replace / refund – your choice. Dainese is a quality product and yo have paid a quality price. No ifs buts or ands – you want a replacement you get it.

As an aside tho I always had my gloves over my jacket

It’s not your choice. If the shop offers to repair it in a reasonable time then you have to let them do that.
If they can’t repair it then its replace or refund.

Ice > Snow

6’1″ slim build here and I have a L featherlite velo. Its a great fit, perhaps a little tight on the shoulders when over a few layers and I’m not broad.
The arms are a good length, perhaps a few mm shorter than some would like but my arms are certainly not long for my height.

I got absolutely soaked in Manchester. But its stopped now and is nice and clearish with a beautiful sunset in stockport now 🙂

Are sheds warm these days? Mine is proper rickety and just as cold outside as in, although I guess it would keep it dry and out of the wind.
Have to at least make sure the bed is well insulated from the floor.

Further to my original post.
When I go away I usually do one of two things, take the cat to my parents and leave it there for the holiday or my friend comes over to feed it, change water and every few nights watch tv with it for a couple of hours. I have never used a cattery, but then I haven’t had a need to.

The latter is only really possible if you have a cat flap, and a good friend. I assume you have the latter already though.

We are probably underestimating the hardiness of a cat when we say it would be mean leaving it out. I just remember when I was about 13 years old and on holiday with family in the lakes.
There was a stray cat that went to all the chalet doors looking for scraps. It was in good enough condition but on the third morning after a very cold night I woke up excited to see it again and it was already on our doorstep but frozen completely solid 🙁 I think I cried for the whole holiday and we ended up leaving early because I was worried about our own cats.

*edit*
I do know the type of cat you mean rocketman and I don’t know the situation fully. The problem is that once you take in a stray it develops an expectation to be looked after. Any haunts and hiding places it used to use but hasn’t during the times you have been looking after my have been moved in on by other cats.
It’s like putting bird feed out every winter, then one winter not doing it.
Perhaps I’m overstating but I live in a neighbourhood with a crazy cat dynamic. Im sure there is a dissertation on cat behaviour to be written by GPS tagging all the cats around this area.

If winter is like it was last year I would be reluctant to leave a cat out. But then I do let cats get the better of me.

I once bought the Daily Sport when I was on a scout camp…
Other than that, no.

Bare in mind getting a cheapo bike doesn’t solve the problem. It’s all about how expensive it looks.

Fitness for me is a handy bi-product of cycling and rather conveniently the fitter I am the more enjoyable my cycling is. I don’t think I could commit to cycling purely as a means to get fit.
As for diet, you know that annoying guy at work that no matter how much he eats he doesn’t put on weight? That’s me, although to be fair I generally eat healthily but that’s more because of taste than anything else.

November has been great, October was absolutely dire but overall a good enough year. Thankfully people can’t stop buying mobile phones, and they can’t stop buying them for their kids either.

My understanding is that you are correct. Assuming you bought online/mail order you can change your mind within 7 days and get a full refund. The seller has to refund all money including delivery and can’t charge any admin charges or restocking fees.

I didn’t 🙁
Im off work tomorrow and hoping the weather will hold, so going to head out for a nice easy jaunt.

There have been a few threads on this and OruxMaps has been recommended a few times.
Im going to give it a try tomorrow, I have downloaded the OS maps for offline use and I’m just importing a couple of GPX routes to see how it goes.

Biggest problem with the Desire is its internal memory storage.
Rooting then using apps2sd+ is a fantastic solution.

The link posted above to Modaco is a great resource and a good starting point if you want to start getting in to custom ROMs.
You also have the benefit of a mature rooting guide now. When I had my Desire it was a proper hassle to root it.

There are a load of ROMs out there, I haven’t been following the Desire scene so not sure if Gingerbread is available yet. The Modaco roms are usually a good, safe and stable bet.
If you head over the xda-developers site there are loads more and its another great resource but also typically a little more technical.

@WN: TD 160 Mk2, Valhalla, well used etile, RB300, DNM start, dnm cables.

Upgrading or being made obsolete? That Thorens is probably older than me! Nice to see equipment lasting so long though.

My to-do list:

…
2. ebay my vinyl related hi-fi (no insertion fee today)
…

What are you selling?

My day, catching up on my reading list, eating junk food and watching the GP.
Bit of tidying later and probably tweak my speaker positioning slightly again since I’m not 100% happy with it in my new flat.
If I still have some time to spare then probably give the oven a clean.

Interesting that you don’t like Brundle. I think he has been really good as a commentator. I would probably prefer the David Croft/Martin Brundle tie up rather than the Brundle/DC one but I think it has been working very well.
So much better than Legard who somehow managed to suck all the life out of the races.

Anyhow, Interlagos usually produces fantastic racing so I’m looking forward to the race. As a Ferrari fan I am hoping for a good finish to the season but I fear we will be racing the Mercs not the McLaren and Red Bulls.
Bit of changeable conditions thrown in, perhaps Button can do something about Vettel but more than likely he will create a 2 second gap on the first lap like he somehow always manages to do and then be gone!

I use the Lifa Strip Crew as a base layer and its fantastic for cool weather riding.

I have put way too much time into skyrim. Decided to finish off the main quest last night after spending ages doing side stuff. I’m level 40 one hand heavy armour with a full set of Daedric armour and my character looks proper mean. 🙂
Working on sneak now before I attempt the dark brotherhood and thieves guild stuff.

AFAIK SD Leisure does general event management. They are always about for large events in Manchester. The United trophy bus parade thing for example.

On the same day that Sky announced they will have a dedicated F1 channel.
This whole situation has left me a bit annoyed. Although I now don’t need to renew my tv licence after this weekend because the total amount of live tv I will watch is 0 mins.

Since I can’t justify or really afford getting a Sky subscription I am either going to have to visit family for every race or seek other means of watching the races…

I noticed that Jake Humphrey tweeted the other day that the F1 team will still be attending all the races even those that aren’t being broadcast which seems like a colossal waste of money for something that is meant to be saving money.

I guess I will just have to accept that the BBC’s current programming mandate means that things like the sports budget are raided for quality programming like The Voice (rumoured to have cost £22m!) and what little sporting money there is is spent on over priced football pundits.

Apologies for the rant 🙁

AFAIK 3 roams onto Orange for their 2G coverage as they don’t actually have a 2G network. It’s possible that there is some disruption by Orange in that area. Both T-Mobile and Orange have been having extensive work done due to their merger and there has been disruption to service in some areas.

Doesn’t really help you but could be an explanation.

If I was going I would definately be spending time researching where to go to see the Aurora Borealis.
I know its dependant on a number of factors but the Sun has been pretty lively recently so maybe its a possibiliy.

I was at the Manchester one yesterday. It is better than I remember it from a few years back. Great atmosphere and some good food on offer.
It is pretty expensive though.
I need to go down again to get some more cinnamon and almond biscuits from the Dutch place.
I would recommend the mini pancakes and also the strudel stall 🙂

“Statistics are like a bikini. What they reveal is suggestive, but what they conceal is vital.” Aaron Levenstein (I believe).

I nearly cried when I saw they had they brought them back again, again.
Well not quite, but they are amazing! You have to eat them a room temperature or just above. None of this putting in the fridge nonsense.

Is the average wage really £22k??? Is that number dragged down by all the people that just don’t bother working so earn zero?

I earn under £22k so I guess I drag the average down. Plenty of people in the country can’t get full time hours from employers and can’t work more than one job because of the need to be flexible with their existing employer. Or in fact just don’t get paid a great deal.

Im always amused by how surprised high earners are by how little people who do work hard are paid sometimes.

We usually play ‘Cat Attack’ over the Christmas period. It can take some convincing to get new people into but its excellent fun.

If you want something more strategic then ‘Ticket to Ride’ is excellent as well.
If you happen to be an F1 nerd then ‘Formula D’ is pretty fun as well.