Page 1 of Are sellers of defective goods liable for damage to other goods?

I recently purchased a XBox 360 battery pack and charger from an ebay shop which subsequently overheated and melted itself and my controller. I contacted the seller about this and was instructed to return the faulty battery for replacement, but are they liable to replace the controller as well?



Live a life you love, use a god you trust, and don`t take it all too seriously

Yes, as long as you weren`t using it in a non-natural way (ie doing something with it that it was not designed for)



The Bigman Cometh

I would say that the claim would only be for the item they sold you that was faulty. Not knowing how the xbox charger works, did you leave your controler on top of the charger? I would guess that some where it will say "do not cover" If so you are screwed. At this point i would say trading standards is your friend.

Dr 42%er


It`s not easy being different. It`s not easy being cool....but somehow I manage....

The controller charges as you use it via a cable. Luckily I was using it when the thing melted: had I left it to charge and gone out, I could have come back to no house!

Live a life you love, use a god you trust, and don`t take it all too seriously

Close call. As I say, trading standards will be your best bet.

Dr 42%er


It`s not easy being different. It`s not easy being cool....but somehow I manage....

OK, I am not a solicitor but have a law degree. Anyway in my view the sale of the defective goods is a breach of contract and therefore you are entitled to claim for damages which naturally flow from the breach. So provided you can demonstrate that a) the goods were defective and b) such defect caused the consequential loss, which was in the course of its natural usage I think you might be successful. There is also the Sale of Goods Act which might give some joy.

If the guy is not a Private seller - i.e. it`s a business then yes you can claim for damage that his item has caused. Small claims court probably and lots of hassle.. :(
Try to appeal to his better side and ask for some sort of compensation.............

Ste

Thanks for the advice chaps.
Alas, the seller hasn`t bothered getting back to me, although I`m willing to accept that it being the Christmas break, they may not be checking their emails as often as they normally would.
On another note though, I decided to contact Mircrosoft about the matter, who are now going to replace the battery pack, charger cable, controller, and Xbox console!

Live a life you love, use a god you trust, and don`t take it all too seriously