Who proves faulty goods were faulty at delivery?
For repair, replacement, price reduction or final rejection, a fault discovered within six months of consumer delivery is generally presumed to have existed then. Later claims and short-term rejection put proof on the consumer. Keep delivery and fault records with support from Cambridge China Bridge.
Separate your purchase from your consumer sale
This guide concerns complaints from consumers who buy imported goods from your business. Your purchase of stock for resale is a separate business transaction. The consumer presumption should not be applied to your factory purchase simply because the products are consumer goods.
Our guide to goods arriving faulty covers business purchase claims. Here, record when your customer received the item, when the fault appeared and which remedy they want. The relevant delivery is delivery to the consumer, rather than arrival at your warehouse.
What the six-month presumption covers
For repair, replacement, price reduction or final rejection, a defect discovered within six months of delivery is generally presumed to have existed at delivery. The trader must rebut that presumption. It does not apply where the assumption is inconsistent with the circumstances, such as evidence of misuse.
Investigate the reported failure and its cause. Ask for photographs, a description of use and the circumstances in which the fault appeared. A factory inspection pass is useful background, but assess the returned item rather than treating that pass as the answer to every complaint.
Short-term rejection uses a different burden
The reverse burden does not apply when a consumer exercises the short-term right to reject. The consumer must show that the defect existed at delivery. An obvious defect may make this straightforward; a disputed cause may need supporting evidence.
Record the requested remedy explicitly. A request to reject immediately and a request for repair can involve different burdens even when made soon after delivery. Ask for unpacking photographs, messages sent when the item arrived and any observations recorded before use.
Later faults need evidence of an underlying defect
After six months, the consumer has to prove that the defect existed at delivery. That does not mean the fault had to be visible then: evidence of an underlying or hidden defect can support the claim.
For a disputed failure, consider an independent technical assessment. Ask the assessor to explain the cause, whether it was likely present at delivery and how the findings distinguish a production defect from damage during use. Preserve the item and failed components before destructive testing.
Build a file that connects the item to production
Keep the customer delivery record, complaint history, photographs, inspection findings and repair observations together. Connect the returned item to its batch and approved sample using batch traceability. Avoid replacing a factual finding with a general statement that the customer must have misused it.
Use the product specification guide to define durability checks and expected use before ordering. Cambridge China Bridge’s staff in China can help gather factory inspection records and investigate production causes. Keep that supplier investigation alongside your customer complaint file.
Frequently asked questions
Who proves a fault existed within six months?
For repair, replacement, price reduction or final rejection, a fault discovered within six months of delivery is generally presumed to have existed then. The trader must rebut that presumption.
Does the six-month rule cover short-term rejection?
No. For short-term rejection, the consumer must prove the defect existed at delivery. An obvious defect may provide straightforward evidence.
Can a hidden fault qualify after six months?
Yes, if the consumer proves an underlying defect existed at delivery. A technical report explaining the cause can help; the fault need not have been visible on arrival.
Does the clock start when imported stock arrives?
The consumer presumption runs from delivery to the consumer. Keep that date separately from factory dispatch and warehouse receipt.