Rejecting goods that are not fit for their specific purpose

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Rejecting goods that are not fit for their specific purpose
(Your address)
(Company/ supplier address)
Dear
[Reference: make and model]
On [date] I bought the above [item] from your shop. Before purchasing it, I told a member of your
staff that I needed it for a specific purpose [describe]. He selected the above brand and model as
being suitable for my requirements. When I tried to use it for that purpose, it proved unsuitable
[describe problem].
Section 14 of the Sale of Goods Act 1979 (as amended) requires you to supply goods which are of
satisfactory quality and fit for their specific purpose if that purpose is made clear to the retailer at
the time of purchase. The problem described above indicates that the [item] was not fit for the
purpose of [describe], despite your staff’s assurances.
You are therefore in breach of contract, and I am exercising my rights under the Sale of Goods Act
to reject the goods and to receive from you a refund of the full purchase price of [£……].
I expect to receive your cheque for that amount within 14 days.
If I do not hear from you with a satisfactory response to this letter within 14 days then I will reserve
my right to start legal action against you to recover my loss.
In accordance with the Civil Procedure Pre-Action Protocol, I would obviously prefer to resolve this
matter without recourse to legal action and I will be very happy to consider any proposals you may
put forward for resolving this dispute.
As this is a formal letter I must refer you to the Practice Direction on Pre-Action Conduct and in
particular to Paragraph 4 concerning the Courts powers to impose sanctions for failure to comply
with the Practice Direction.
Yours sincerely
NOTE
Your right to reject the item may be dependant upon how long you have had it and whether you
have used it.
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