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Rejection of Defective Goods and Retailer Liability Under Sale of Goods Legislation
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In March 2024, a mechanic operating a vehicle repair shop in Lacombe, Alberta, purchased a $4,200 hydraulic lift from a British Columbia retailer through email and telephone exchanges. After paying a $1,500 deposit and the $2,700 balance, the equipment arrived with persistent defects: leaking hose fittings, a major leak between the reservoir and pump, and ultimately a failure at the pump itself.

Each time the mechanic reported problems, the retailer directed him to the manufacturer for warranty repairs. Despite receiving replacement parts and a rebuild kit, the defects continued. The mechanic rejected the lift, citing safety concerns and demanding a full refund. The manufacturer authorized the refund, but the retailer now insists the mechanic must pay $380 in return shipping costs before any refund issues.

Mechanic's Right to Reject Persistently Defective Equipment After Multiple Repair Attempts

When the mechanic operating a vehicle repair shop in Lacombe, Alberta first noticed the $4,200 hydraulic lift shuddering during its descent cycle in early 2024, he assumed the problem was a minor calibration issue that a quick adjustment would resolve. The British Columbia retailer that sold the unit agreed, dispatching a replacement control valve within days and assuring the mechanic that hydraulic systems sometimes needed fine-tuning after shipping. The replacement valve did not resolve the problem. Over the following weeks, the lift continued to exhibit erratic behavior: the platform would stall mid-raise, the safety locks would engage prematurely, and on 2 occasions the unit dropped several centimeters without warning while a vehicle was elevated. Each time the mechanic reported a malfunction, the retailer offered another component, another diagnosis, another promise that the next fix would be the last. By the time the mechanic had endured 4 separate repair attempts over 3 months, his patience had expired and his shop's productivity had suffered measurably. The question he now faced was whether Alberta law permitted him to reject the lift outright and demand the return of his $1,500 deposit, or whether the seller's willingness to continue repairing the unit obligated him to keep accepting fixes indefinitely.

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