But what if the customer isn’t aware of what the problem has been and doesn’t know whether the repair is truly a successful lasting answer. Taken to absurdity, if the nuts on a wheel become cross-threaded and ruin the thread on the studs what if the repair involved welding the wheel on! The car could be returned and operate perfectly satisfactorily but the customer would hardly be happy with the outcome if they knew what had happened.
A recent case (JH Ritchie Ltd v Lloyd Ltd House of Lords 8.3.07) laid down the principle that if a seller refuses to tell the buyer what the defect had been then the customer is entitled to reject the goods. In the particular instance of this case it related to a piece of agricultural machinery, which on first use began to vibrate badly. In fact certain bearings were missing and although the sellers assured the customer the repair was satisfactory they wouldn’t say what the problem was.