“I purchased a brand new tractor in 2008 which came with a one year’s manufacturer’s warranty. After a few months of ownership, with less than 100 engine hours clocked up, the clutch in the tractor needed to be replaced, which was covered under warranty. The new clutch started giving trouble and when I contacted the manufacturer they promised they would replace the clutch free of charge if it caused further issues. The tractor now requires its fourth clutch in six years with less than 2,500 hours’ work on the tractor but the manufacturers have refused to honour their promise of a free replacement. Have you any advice?”

If you purchase something and it turns out to be faulty, then you have a number of options under consumer protection law. However, it is important to establish that you were acting as a consumer when you purchased the tractor.

Who is a consumer?

Generally speaking, a consumer is defined in Irish law as a natural person who buys goods or a service for personal use or consumption from someone whose business it is to sell goods or provide services. By law, you are not a consumer if you:

  • Receive goods as a gift.
  • Buy goods for commercial purposes (eg, if you were using the tractor for your contracting business rather than your own private use).
  • Buy goods for private use that are normally used for business purposes.
  • Buy goods from an individual who is not in business (ie, you buy a secondhand tractor from a farmer whose normal business is not selling tractors).
  • What is a Contract?

    When you buy goods or services you enter into a contract with the seller. Contracts may be written or oral. It is easier to know what the terms are in a written contract but an oral contract is also enforceable in law. Consumer contracts are protected by the Sale of Goods and Supply of Services Act, 1980. The following general rules apply to consumer contracts:

  • Goods must be of merchantable quality – goods should be of reasonable quality, taking into account what they are meant to do, their durability and their price.
  • Goods must be fit for their purpose – they must do what they are reasonably expected to do.
  • Goods must be as described – the buyer must not be mislead into buying something by the description of goods or services given orally by a salesperson or an advertisement.
  • Your contract is with the retailer or supplier who sold you the product, so if there is a fault, it is up to them to fix it. You may also have extra protection if you have a guarantee/warranty from the manufacturer. It is the retailer’s responsibility to provide a remedy under the warranty, unless they have opted out of this and told you.

    You should check the terms and conditions of the warranty. As the consumer, you are responsible for noticing if there is a problem or fault with something you have bought, and you must act quickly to tell the seller that you have found a problem.

    The solution to the problem can depend on a number of things.

    Major and minor faults

    Problems and faults with items you buy can be major or minor and there are different issues for particular products. A major fault is one where the item does not work as it is supposed to, whereas with a minor fault the item will still work and do what it is supposed to do. A tractor with a faulty clutch may be regarded as a major fault as it would cause the tractor to stop working.

    Reject item - full refund

    If you agreed to buy something and it simply does not work from the outset, then you are entitled to reject the goods and get a refund from the seller. If a consumer has discovered a major problem or fault with the item as soon as they go to use it for the first time and inform the seller accordingly, the consumer has not “accepted” the item – they brought the item home but it does not do what it said it would and the consumer had the right to reject it. They can return it to the seller and demand a full refund. This will terminate the contract they had for the item with the seller.

    Repair

    If you start using the item for some time, which applies in your case, then it is deemed that you have accepted the item. But if you discover a fault, you are entitled to have the item repaired or replaced free of charge, provided you did not cause the damage. If the fault occurs within the first six months of owning the item, it is accepted that the fault was there when you bought it. In general, the seller can offer to repair the item first. This should be a permanent repair and the problem should not recur. If the same fault occurs again, then you should be entitled to a replacement or refund.

    Ideally you should have demanded this from the dealer where you bought the tractor but it appears that you may have paid for two further new clutches. You should not attempt to repair a faulty item yourself or give it to anyone else to repair, otherwise you could be deemed to have accepted the faulty goods.

    It is not clear whether the replacement clutch was installed by the dealer from whom you purchased the tractor, although you mention that you have the tractor serviced regularly by that dealer.

    You will have to justify why you paid for two further clutches, especially in circumstances where you had an undertaking from the manufacturers to replace the clutch free of charge if any further issues arose with it.

    You should arrange to get the tractor checked out by an independent assessor, whose report can be relied upon in court proceedings, to report on whether there is a latent defect in the tractor. This report will help in determining whether you should pursue the matter through the courts for a claim of breach of contract.