On Wed, 15 Aug 2007 23:00:19 +0100, Anthony R. Gold put finger to
keyboard and typed:

On Wed, 15 Aug 2007 22:10:04 +0100, Mark Goodge
wrote:

It may well
be that the red dot is considered sufficient proof should it go to
court, but if so then the supplier will have to provide that proof on
request - they cannot get away with charging the OP for it.

Why must the supplier provide this proof for free to the consumer?

Because his alternative is to provide the required repair or
replacement. The SoGA gives the consumer a right to repair or
replacement if the goods fail within six months of purchase unless the
supplier can demonstrate that the fault was not inherent at time of
purchase. Refusing to provide a repair or replacement on the grounds
that "we know that the item has been damaged subsequently to purchase,
but we're not going to tell you how we know" isn't going to stand up
in court.

What the law actually says is that:

goods which do not conform to the contract of sale at any time
within the period of six months starting with the date on which the
goods were delivered to the buyer must be taken not to have so
conformed at that date.

but with the supplier's get-out that the above does not apply if:

it is established that the goods did so conform at that date

That phrase "it is established" means that the evidence establishing
it must be available to all parties in the dispute (and, indeed
agreed, if necessary by recourse to the courts as arbiter). The mere
say-so of the supplier on the basis of evidence which they refuse to
reveal does not constitute establishment.

I can see why doing that may be fair and reasonable, and doing it for a
court to defend their position may be a matter of their own necessity, but
I don't recognise the source of any obligation to do as you say they must.

Ultimately, the court will decide, but the cost of providing the
necessary evidence to the court is met by the party providing it. If
they had the evidence prior to going to court, but chose to withhold
it until compelled by the court to reveal it, then that would not be
looked on very favourably by the court.

Mark
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