Business World Essay example

1095 Words Dec 3rd, 2014 5 Pages
Indesit, founded in 1975, is an Italian multinational company that produces domestic product to export all over the world. Unfortunately, between 2012 and 2013 it faced a significant downfall related, initially, to one of it’s products, the Indesit washing machine WIXL143 and later on the more expensive W1X E167 model. Several costumers complained about the malfunctioning and the unexpected explosion of the models. One customer explained: “During the spin cycle it appeared that the drum had split open and moved the concrete balancing block inside the machine up pushing it’s top upwards”.

Looking at this situation from a lawyer’s perspective the consumer is protected, under the 1979 Soga Act, or in other words the Sale Of Goods act that
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Satisfactory quality includes the state and condition of the product and other non-exhaustive aspects such as safety and durability. Both of the conditions apply where the seller sells goods in course of a business;
-Sample (s 15) states that the bulk has to: correspond with the sample, in regards to quality, the buyer has a reasonable opportunity to compare the two and he is able to establish if they present defects or not.
Description, satisfactory quality and fit for purpose are the three implied terms that can’t be excluded from a sale of goods contract and that protect the consumers. There are additional rights of consumers, such as the right to require necessary repairs or replacement of the goods if they present damages or defects. The consumer also has the right to ask for a reduction of the purchase price and in some cases to ask the rescission of the contract.

Ellie Wharton, Tim Cumming and Rachel Davies’ June cases show there are significant instances in which Indexit has breached their contract by not adhering to section s14 and s15 as all three customers washing machines broke down during the spin cycle. However, in these cases the buyers only have the right to claim for damages and to treat the breach of conditions as a breach of warranty. This is however assuming that they have accepted the goods under the rules set out in s 35 relating to acceptance. Moreover, the right to reject a good is also lost when the seller can prove that

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