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Ontario|Consumer LawBuying Goods or Services 808 Purchasing defective goods If you purchase a defective product, you are often entitled to compensation from either the store that sold you the product, or from the manufacturer that designed and made the product.
- Compensation under a warranty
First, you should check if the product came with a warranty or guarantee either from the store or the manufacturer. If it did, you may be entitled to a refund or some other form of compensation by contacting the store or the manufacturer and explaining your problem.
- Compensation under the Sale of Goods Act
However, if you discover that the product did not come with a warranty or if you are told by the seller or the manufacturer that the defect you have experienced is not covered by the warranty, you may still be entitled to compensation. Under the Sale of Goods Act, stores have three legal obligations to their customers, regardless of whether the product came with a specific warranty or guarantee.
First, they are legally required to sell products that are suitably fit for their purpose. Essentially, the product you purchased must function in the way that it is supposed to function.
Second, if you bought the product based on a description, such as by catalogue, or if you bought the product based on a sample, such as buying carpet, the goods you receive must correspond to that description or sample.
Third, if the goods are bought by description, such as by catalogue, they must be fit to be sold. The Sale of Goods Act applies to every consumer sale of goods, even if a seller told you before you purchased the item that the Sale of Goods Act would not apply, or if you signed a contract that said that the Act did not apply. If a seller violates any of these obligations, you are entitled to cancel the contract and receive a refund. If the store is unwilling to refund your money or otherwise compensate you, or if they insist that you contact the manufacturer, tell them that under the Sale of Goods Act, they are required to handle your complaint.
- When to contact the manufacturer
Although the store where the product was purchased should be your main focus, there are a few instances where you may want to contact the manufacturer. First, you may want to contact the manufacturer simply to warn them about the defective product. Second, if a store is completely unwilling to handle your complaint, you may have to call the manufacturer and explain your problem to their Customer Service department. Third, a manufacturer will be your only avenue for compensation if you did not personally purchase the product. If this is the case, the store where the product was purchased does not have any obligations to you under the Sale of Goods Act.
If you have experienced a loss or injury, you may contact a legal clinic or consult a lawyer for more information on beginning a lawsuit for compensation.
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