THIS week saw the introduction of new consumer rights in respect of faulty goods, in the form of amendments to the Sale of Goods Act 1979.

The changes are to implement a minimum set of common consumer rights throughout the European Union. Readers of this column will be familiar with their rights when goods are faulty and will be pleased to hear that these rights have been retained and added to. Consumers and businesses can contact City of York Trading Standards for individual advice, and the law relating to faulty goods can be summarised as follows:

- Consumers are entitled to goods of satisfactory quality, taking account of any description, price and other relevant circumstances. If goods are not of satisfactory quality consumers are entitled to a legal remedy.

- No legal remedy is available for fair wear and tear, misuse or accidental damage, deciding the item is no longer wanted, or for faults pointed out at time of sale.

- If goods are faulty at the time of sale and develop within a very short time consumers can chose either to reject the goods and claim a full refund from the retailer or alternatively using their new rights seek a repair, replacement, partial refund or full refund, or compensation.

- If faults develop after a longer period, but within six years of the sale (and it is reasonable to expect the goods to last that long), consumers can choose to claim damages, a repair, replacement, partial refund, refund or compensation. Any claim under these legal remedies have to be proportionate and reasonable. This will depend on the individual circumstances.

- Prior to 31st March 2003 it was up to consumers, in all cases, to prove goods were faulty. Now, during the first six months after goods are purchased it will be up to the retailer to prove the item is not defective. After six months, consumers again will have to prove the goods were faulty at the time of purchase.

- Another important change is that where free guarantees and warranties are offered by manufacturers or retailers these now become legally binding.

Any consumers or traders wanting further advice on consumer rights and trader responsibilities can contact York Trading Standards by calling at 9 St Leonard's Place, telephone 01904 551562, or fax 01904 551590.

Visit the trading standards website at www.york.gov.uk/business/tradingstandards or email trading.standards@york.gov.uk

Updated: 09:17 Thursday, April 03, 2003