My wife bought me a nice new golf trolly for my Birthday last year from our Pro Shop. Since then I have had to by a larger battery (as the 18 hole one supplied wouldn't make it around all 18 holes!!) and it has fallen apart 4 times! First of all the pin that drives the wheel fell out and my trolly kept going in circles. Then the drive-shaft corroded through (the company said that couldn't happen because it was made of stainless steel) and my trolly went round in circles again!
The handle then snapped off as I was making a manoeuvre and finally the main arm of the trolly broke. Each time I have sent it back and each time it comes back repaired. However, the 12 months warranty is almost expired and when the arm of the trolly broke last week I told the Pro that I wanted a new trolly (the company have since upgraded their trollies to a far sturdier model, no doubt after all the complaints and broken trollies being returned!!!) or my money back as I was concerned that by the next time my trolly breaks it will no longer be under warranty and I will have to pay for the repair.
Does anyone know where I stand legally with this? Do I have the right to ask for my money back or a replacement trolly?

You are only normally entitled to a refund shortly after purchase. The law gives you an 'reasonable' time (not specificed but normally considered a few weeks) to make sure it's fit for purpose else can return for a refund. Keeping it after that time you are deemed to have accepted it and only entitled to a repair/replacement under warranty. Which one might be up to the company. Any repair must make it fit for purpose and restore it to a satisfactory condition. Otherwise you should be entitled to a replacement or compensation. If that cannot be done economically, then yes you should be able to ask for a refund although they might only give a part-refund due to your previous usage of it. Maybe you could argue a repair would still not make it fit for purpose and would likely break again during normal use? Like due to a manufacturing defect or poor build quality.

Check out: http://www.consumerdirect.gov.uk/

I have to slightly disagree in that 'fit for purpose' is a subjective test and whilst a cheap kettle may be expected to only last a year, a more expensive golf trolley would be expected to last longer. The liability is with the retailer if the product is outside of warranty. The problem is do you really want to thraten your local pro shop with legal action.

I was under the impression the retailer is by law required to be responsible for the first 12 months at least, so they cannot tell you to go back to the manufacturer? After that they normally state it's up to the manufacturer and any outstanding manufacturer warranty. You do get up to 6yrs to make a claim against a retailer, but for a fault that was present at the time of sale not because it didn't last 6yrs. After the first 6 months it is up to the consumer to prove the fault existed when purchased.

I did notice someone talked to Trading standards about a sofa issue..they were told unlikely to get a refund due to having it for 10months, but can ask for a refund after 2 repairs.

There is a flow-chart on page 8 of this PDF file (requires Adobe Reader to view) which explains the sales of goods act requirements to retailers: http://www.berr.gov.uk/files/file25486.pdf

Also found this:

http://www.tradingstandards.gov.uk/wirral/Consnews09.htm
The consumer is allowed a reasonable time to inspect the goods to ensure that they meet with the above requirements. Where they do not, the consumer can reject the goods and claim a full refund.

If a more lengthy time has lapsed since purchase, then the consumer has accepted the goods and they will be able to claim damages. The sum of damages normally amounts to the cost of repairing the goods and/or any additional losses which they have incurred as a direct result of the fault.

The Regulations introduce further remedies in addition to those provided under existing legislation. Where goods purchased are misdescribed or faulty, then the consumer may request one of the following remedies:

* A replacement product: A retailer however may decline this request IF he can show that this is excessively costly in comparison to an alternative ie. if a product is an expensive item but a cheap and easy repair will resolve the fault.

* A repair of the fault: A consumer can now request a free repair from the retailer as an alternative to pursuing damages. Any repair MUST be carried out within a reasonable time - if it is not, then a consumer may switch remedy and request a replacement product as detailed above OR

IF these remedies are impossible, impractical or fail for any reason ie. delay then a consumer may then pursue :

* A partial or full refund: If the consumer has had some use of the goods, then a full refund may not be appropriate. A small amount may be deducted for wear and tear - this will vary on the nature of the goods and the amount of use.

* Proving the fault - if a consumer chooses to use existing remedies of rejection or damages within the Sale of Goods Act 1979 (as amended) then the onus of proof is on the consumer where there is a dispute.

From the 31st March 2003, if a consumer chooses to pursue a remedy under the Regulations, then for the first six months they are not required to prove the fault existed. Where disputed, it is for the retailer to prove that the goods were NOT faulty.

If six months has elapsed since delivery then the onus of proof reverts to the consumer

Sorry to hear about your golf trolley. I thought one of the reasons we bought items from our pro shop was because, although they couldn't always give us the best price, they could give us the best service and fight on our behalf. I bought an ordinary trolley from American Golf and changed the first one after 5 months and had 3 new trolleys within the year without any problems. Your best bet is to phone up your local Citizens Advice Bureau or Trading Standards to see exactly where you stand. I would have thought that it came under the category of 'not fit for the purpose for which it was sold'. I agree with Greg that it is always difficult when you are friendly with the people like at your pro shop. Maybe you could ask them if you could speak to their supplier direct, as you do not wish to fall out with them (your pro shop) but feel that the supplier has let both of you down. Maybe a good idea to let us all know the make so we can avoid purchasing one. I am often unlucky with purchases, having had 5 washing machines (Whirlpool) before I received one which worked for longer than 3 weeks. I must admit that I work on the basis of 'he/she who shouts the loudest'. I make such a fuss that they sort it out just to get shot of me but it works.

Also useful is this Sales of Goods act Quick Facts:

http://www.dti.gov.uk/consumers/fact-sheets/page38311.html

Thanks everyone for your swift responses, they're all very helpful. I'll give the CAB a call tomorrow to see what they say. As for the make, it's an E-Caddy and loads of members who bought the old style ones (the new ones came out 6 months ago) have had them break in some way or another. At £250 plus it's not even as though it's a cheap option!!!!
Steph - buy a Miele washing machine, they're a bit expensive but come with 5 or 10 years guarantee, are very quiet, have excellent dealer back up and never go wrong (I've just touched some wood, just in case!).

Steve

What manufacturer??

Do us all a favour and help us avoid the same pain!

Please!

As I said above, it's an E-Caddy.