Page 46 - MarketTimesDecember2015
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  OBITUARY — George Bingham
Well-known Sheffield trader dies following long illness
How will the new
Consumer Rights Act
affect you?
By SHARON NUTTALL, Solicitor, Chafes
  GEORGE BINGHAM, who was a stalwart of Sheffield Market, has died, aged 81, after a long illness.
He was a former President of the Sheffield NMTF branch and a former councillor, council leader and mayor of High Peak Borough Council.
In 1997 he was awarded the NMTF’s John Carter/Harry Cross Memorial Cup for outstanding service to fellow traders.
George began selling fruit and veg on the market 58 years ago. He worked at Woolworths after leaving school before deciding to set up stall on the market with a colleague at Woolworths.
Times were hard in the early years and George and his partner, George Brown, worked long hours and had to supplement their market earnings by selling vegetables from their van around the Sheffield area.
Eventually they decided the business could not support both of them, so they tossed a coin to see who would run it.
Ian, George’s son, said: “My father lost. But then George Brown suggested they make it the best of three.”
At that point George realised that his partner’s heart wasn’t in the
business, so he offered him £1,000 to take it over.
George’s motto was “work hard, play hard”, Ian said.
He married June 59 years ago and they had four children. Ian and Martin run the fruit and veg business on Sheffield market. Robert runs Ian’s fish stall on the market and Susan works at a school.
George became ill in 1999 and June looked after him devotedly at the family home until his death.
George Bingham was awarded the NMTF’s John Carter/Harry Cross Memorial Cup in 1997
MANY traders will be aware that the Consumer Rights Act 2015 came into force on October 1.
This new act may well have an impact on how you deal with customers when something goes wrong after the sale. Although the act also updates the law relating to other areas, this article will concentrate on the changes to the sale and supply of goods, as presumably this will have the most impact on traders.
A customer has the right to expect that goods are not faulty, and this means that sellers need to ensure that goods are of satisfactory quality and fit for purpose, and as described.
Traders need to be aware that a legal contract exists between them and the customer for the sale of goods. The definition of goods extends to any products (including food and drink) that are sold, whether on-premises, off-premises, or at a distance.
Therefore, should anything go wrong following the sale, they are responsible for those goods. If the goods are faulty then the customer will have a right to take further action and the law sets out the rights of action the customer has available to them and the time limits for the same. The options available include requesting a refund, replacement, repair or a reduction in the purchase price.
When deciding on which option is most appropriate the seller will need to consider how long the customer has owned the product and other factors, such as how well used the product is. Traders should be aware that the law also applies to second hand/pre-owned goods, but this fact will obviously be taken into account when deciding whether the item was of “satisfactory quality” when purchased.
Obviously the customer will not have the right to take any action against the seller of the goods if they themselves have damaged
them or tried to repair them or indeed knew they were faulty when they purchased them. This may be difficult for either the seller or customer to prove and, if therefore a trader does sell an item at a reduced price for example, then it is advisable to keep a record of this for future reference should a dispute arise. It is far easier to deal with complaints if you have something to refer to.
The new law sets out the time limits which apply following the sale, and generally in England and Wales, a seller’s legal responsibility lasts for six years after a sale. Traders should be aware that different laws apply in Scotland and to sales online, by phone, mail order or off-premises.
If the customer wants to reject the item then they have 30 days in which to do so, unless the goods are perishable or the trader has extended the time limit. Also, if the trader has offered to repair or replace the goods during this time period this right is extended by seven days. The new law specifies the rules which apply to the refund which is available to the customer when they choose this option. It will be up to the customer to prove the goods are faulty when requesting a refund.
The customer can choose to request that the item is replaced or repaired. A trader has one opportunity to repair or replace the goods, but if this option is not possible for any reason, or the replacement item is also faulty, then the customer then has the right to a price reduction or a right to reject the goods and a refund. In the first six months following the sale the trader has the opportunity to prove that the goods were not faulty when they were supplied. However, after the first six months, the customer must prove they were faulty when they were bought.
If the customer chooses to reject
  OBITUARY — Allan Gorbutt Beverley mourns Allan Gorbutt
 BEVERLEY Market in Yorkshire has lost one of its longest serving traders. Allan Gorbutt died following an illness after 48 years selling shoes on the market.
Allan began work on the market as a nine-year-old Saturday boy helping out on Barnetts Shoes. He decided the market life was for him and set up his own stall at the age of 19. In those days he brought his stock to market on a horse and cart.
John Dyson, NMTF President- Elect, who stands Beverley Market, said Allan would be sadly missed.
Allan, who also traded at Cottingham, leaves a wife, Dot, and two daughters, Sallie and Vickie.
Allan Gorbutt pictured at Cottingham in 2008
Market Times • December 2015

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