Consumer Rights Help Please - Seller not playing ball!

Maz

Maz

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Afternoon Guys,

I bought an Air Compressor off a company on the net called PJL Allsorts, they trade under this name on eBay.

When I bought the items I phoned up and spoke to the MD and he recommended certain products, under his recommendation I went ahead and purchased these products.

The Air Compressor he sold me is rubbish and isn't powerful enough to remove a wheel bolt using an Air Impact Wrench.

When I phoned him and told him, he initially sent out alternative fittings to help solve the problem.

This didn't work so he had the compressor collected and he tested it - it was returned to me telling me that it was fine.

I've tried it and it's the same, I've phoned him to ask him to have it collected because it's not fit for the purpose and he's saying he will refund me after I send it to him - He's refusing to have it collected.

What rights do I have?

I paid for it on a Mastercard - will I be able to do a chargeback?

Thanks
 
Man of Honour
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Sadly your rights are quite a lot less than they would be as this was a purchase for business use and not home use. Much of the consumer protection legislation does not apply for business sales - only for sales to consumers.

So bear this in mind when you soon receive a torrent of 'sales of goods act mate' replies from people on here who dont realise this.
 
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Out of interest, did he state he is using this for business use? I mean I know he said he is removing wheel bolts, but you never know, perhaps he's building a kit car, or doing personal mechanical shizzle? Just a thought :)
(I actually have no idea how big this compressor is, so do bear with me :))

Also if a product is not fit for purpose under DSR, he can surely return it but at his cost right?
 
Man of Honour
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Sales of goods act does incorporate to B2B, subject to the Term and Conditions of the seller

It does incorporate some aspects of B2B but generally the level of protection is not as great as it is for the consumer and it ends up in court a lot fo the time.

Out of interest, did he state he is using this for business use?

Yes, he runs a chain of car dealers and the product was bought for use in his prep area :)

Also if a product is not fit for purpose under DSR, he can surely return it but at his cost right?

DSR does not apply to B2B.
 
Soldato
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Ideally just send it to him and get a refund. If you really don't want to you'll have to sue him under the SoGA, but it may end up being your word of description against his he can argue that he didn't tell you it could do what you are trying to do.

If he admits he did say it, he will have to argue it's 'reasonable' (which is the term that applies to business transactions) to describe something as 'capable of doing X', as although in your case it cannot do X, it can do X in some cases. So, for example, if it is your particular setup and usage that is causing X to be impossible, he could argue that because X is possible in some typical configurations that he can describe it as that.
 

Maz

Maz

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Does it make a difference that it was paid for on my fathers personal credit card and delivered and invoiced to him personally?
 
Man of Honour
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We went through this in Motors didn't we Maz?

You say the compressor is building up to 90psi and has a 50L approx tank - this is more than enough to drive a working wheelgun (as long as said wheels weren't put on by Garth - even then, it's the wheelgun not up to the job rather than the compressor) - so there is almost certainly an issue with your wheelgun or the hose, not the compressor.

I'd be forced to agree with the seller, it sounds like there is nothing wrong with the compressor from your previous thread.
 

Maz

Maz

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We went through this in Motors didn't we Maz?

You say the compressor is building up to 90psi and has a 50L approx tank - this is more than enough to drive a working wheelgun (as long as said wheels weren't put on by Garth - even then, it's the wheelgun not up to the job rather than the compressor) - so there is almost certainly an issue with your wheelgun or the hose, not the compressor.

I'd be forced to agree with the seller, it sounds like there is nothing wrong with the compressor from your previous thread.

I took the tools into the garage next door and used his compressor to test it and it works fine!

On the compressor I've got, you can stop the impact wrench with your hand!
 
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Why not get the garage next door to turn up the air flow valve for you then and get it sey up as it sounds as if you dont understand how to use it properly.
 
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I took the tools into the garage next door and used his compressor to test it and it works fine!

On the compressor I've got, you can stop the impact wrench with your hand!

Somethings wrong because 90psi is 90 psi, whether it is coming out of the best compressor in the world or the worst compressor is the world.

It's got user error written all over it.....
 

Maz

Maz

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Why not get the garage next door to turn up the air flow valve for you then and get it sey up as it sounds as if you dont understand how to use it properly.

Everything is setup as it should be, one of the output is not regulated and runs at 115psi Max and this is the one it's not connected to.
 
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hmm, i was hoping that the picture would show the outlet pipework, guage and controls more.

I take you know that the flow control valve give out more air when screwed in, not out (opposite to a water tap where uncrew = more)
 

Maz

Maz

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hmm, i was hoping that the picture would show the outlet pipework, guage and controls more.

I take you know that the flow control valve give out more air when screwed in, not out (opposite to a water tap where uncrew = more)

Yes I know that, the gauge going down as I unscrew gave it away!

I'm using the non regulated outlet which chucks out max pressure all the time.
 
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