Small ding in brand new cue.

[tmcthree]

You are very probably* legally entitled** to your money back. The sale of goods act section 14 (2b) (b) and (c) mean that unless you were made aware that the cue was a second and/or you paid a reduced price, the cue pretty much has to be perfect when it arrives.

Send it back immediately saying you reject the cue as being of unsatisfactory quality, pursuant to the section 14 of the sale of goods act.

*"Probably" because it will depend on how bad the ding is, but as the statute says, anything minor or worse is enough. So if you can see or feel the ding you should be able to send it back.

** being legally entitled to your money back and getting your money back are two different things.



Sale of Goods Act 1979 c. 54
Part II FORMATION OF THE CONTRACT
Implied terms etc.
This version in force from: March 31, 2003 to present
(version 7 of 7)
14.— Implied terms about quality or fitness.
(1) Except as provided by this section and section 15 below and subject to any other enactment, there is no implied [term]1 about the quality or fitness for any particular purpose of goods supplied under a contract of sale.
[
(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.
(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.
(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—
(a) fitness for all the purposes for which goods of the kind in question are commonly supplied.
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
(e) durability.
(2C) The term implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory—
(a) which is specifically drawn to the buyer's attention before the contract is made,
(b) where the buyer examines the goods before the contract is made, which that examination ought to reveal, or
(c) in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.

[ADR147]

a cue is a hand made product from natural materials its hardly the same as buying a tv !!

[tmcthree]

a cue is a hand made product from natural materials its hardly the same as buying a tv !!

You sell cues don't you.

Well, the law takes the idiosyncrasies of the type of object into account. If it is common for cues to be delivered with "dings", then the buyer may not be able to claim. It's a question of degree, but and this is the crux of the matter, it sets the bar very very low.

It would be up to the court, of course, but I would bet my law degree that if it was noticeable of off putting and certainly if it required any repair on his part it would fall within the purview of section 14.

BTW I'm not saying that he should necesarily return the item. It could turn into a colosal pain in the arse, and the law in this area is actually pretty ineffectual because it's so difficult to enforce. But from a legal standpoint, I'm pretty sure he's got a case.

[ADR147]

i think when you are buying a cue you need to have a bit of give and take a few marks are to be expected its not made on a machine - that said if you had one sent to you like a keith auld cue you should send it back!

[noel]

a cue is a hand made product from natural materials its hardly the same as buying a tv !!

Right!




=o)

Noel

[JamesFoster]

Update: Friday Morning.
I phoned Peradon and explained the situation. BTW I should also point that there was another very small ding about 4" from the tip. It was barely visible but I could feel it because it went over the V of my bridge hand. I didn't even notice it until tuesday night when I played some snooker. Anyway Peradon said that there should be no problem in getting a replacement.
Phone up Thurston. They are very helpful. I explain that the smallish ding halfway up the shaft doesn't bother or the small ding near it. But the tiny ding 4" from the tip is driving me mad. I could remove these dings with some fine wire wool but why should I? They agree to get DHL to collect a few hours later and will process a refund. I then place a brand new order for Peradon pro-cue and also Peradon aluminium 3-piece case. They will put the cue in the case, wrap it with bubblewrap and then put it in a thick cardboard tube.
BTW it seems that ding near the tip was caused by someone just slamming the cue back into the rack whilst trying cues in the shop. The other thing I wanted to say is that Peradon don't lacquer the shaft, they treat it with a wax coating. And they treat the butt with a thicker wax coating. The guy on the phone explained that do this because their cues have traditionally been sold through Thurstons, independents sports shops etc. A wax coating results in a glossy finish, whereas the linseed oil finish is matte once it soaks in. However, this coating will fade after a year or so and that is the time to either apply bees wax or raw linseed oil. I'm looking forward to eventually treating it with linseed oil.

[eaoin11]

Fair enough, I'd be reluctant to repair a ding 4 inches from the tip with the methods described so far.

Glad they've sorted it out for you.