Is it up to the customer or retailer to test a faulty golf trolley battery?

I bought a battery for my golf trolley on Ebay from Battery Megastore in October 2010. It had a one-year warranty but, after five months, it lost its power.

I contacted the company and was advised to take it to a garage to get it tested. I eventually found someone who would do this, but it cost me £10 and I was told that the battery was faulty.

I eventually bought a replacement battery but am out of pocket.
Harry Neville

Mr Neville did not have to prove the battery was faulty because he’d had the goods only five months. The Sale of Goods Act states that during the first six months after a sale, consumers do not have to prove the goods are inherently faulty; the retailer has to prove that they are not.

If this Ebay seller wanted Mr Neville to pay to return the battery for it to test, and the item was found faulty, it would have to repair or replace it and refund the postage costs too. This is because the Sale of Goods Act also states consumers should not be out of pocket if they have bought inherently faulty goods.

Mr Neville does not, however, appear to have followed this up with the retailer before he bought a replacement.

He can still do this, providing he still has the proof from the test that the fault is inherent. The seller may only offer him a replacement or repair, but it is entitled to do this.

Mr Newton may end up with two batteries. We have asked Mr Neville for some more information and then we will advise him if he should pursue his claim with this seller, and contact the retailer ourselves.