Re: Manufacturer 2 year warranty


"Peter Parry" <peter@xxxxxxxxxx> wrote in message
news:np6iq1hdotv6ej34hi66sr1bmh98uoqjoa@xxxxxxxxxx
> On Wed, 21 Dec 2005 08:17:01 -0000, "The Electric Fan Club"
> <ian.shorrocks@xxxxxxxxxxxxxxxxxxxxxxxx> wrote:
>
>
>>The warranties we talk about here should not be confused with your
>>statutory
>>rights under the Sale of Goods Acts; The Sale and Supply of Goods to
>>Consumers Act or the Sale and Supply of Goods to Consumers Regulations
>>(and
>>other various enactments). Here, the manufacturer comprehensively
>>warrants
>>the parts against failure within a specified time period (usually, but not
>>necessarily, one year), regardless of how they fail.
>
> I'm not quite sure whether you are talking about manufacturers
> warranty or legal rights in the latter part of the paragraph but the
> manufacturer does nothing under any of the acts quoted and most
> certainly does not comprehensively warrant anything.
>

Indeed, there is no requirement for a manufacturer or even the retailer to
provide any warranty beyond statutory rights (and these come solely from the
retailer). If the manufacturer does provide any form of warranty, he is now
bound by its terms.

>>The retailer is liable for consequential damages
>
> Retailers have very limited liability for consequential loss or
> damage. Most standard T's&C's exclude consequential loss as much as
> they can. (Consequential loss or damage, as opposed to direct loss or
> damage, is indirect loss or damage resulting from failure of the item
> purchased. The retailers responsibility is not endless. It is limited
> to loss or damage that could have been expected to result from the
> product's failure. A retailer is not liable for losses that are not
> foreseeable. For example, assume you bought a sewing machine from a
> trader, intending to use it to make dresses for a wedding (the trader
> didn't know this). If the sewing machine develops a serious fault and
> you want to reject it, you may be entitled to a refund but not the
> cost of purchasing a set of bridesmaids' dresses, as this would not
> have been foreseeable.)
>
>>which includes (but is not limited to) the labour costs of replacing those
>>parts.
>
> You appear to be confusing guarantees (warranty) provided with goods
> with statutory rights. They are quite separate. A
> warranty/guarantee can be provided by the manufacturer, a third
> party, the distributor or the retailer. It is a stand alone document
> and no one other than those specifically mentioned in the warranty
> have any responsibility for it at all. If the warranty is for parts
> only you cannot require the retailer to cover the labour portion
> charged (you may be able to require the _retailer_ to repair the item
> - but that is different).
>

Granted, my statement that the retailer was liable for the labour costs is
too broad. He is obliged to repair the item, and not charge for the labour,
but this may entail the retailer sub-contracting the job elsewhere at his
expense. You cannot get the repair done by a third party (or even directly
approach the manufacturer) and expect the retailer to reimburse you (unless
he refused to honour his liability in the first place).

I take your point about unforseen costs, but these would cease to be
unforseen, if (in your example) you had specifically told the retailer that
said sewing machine was being bought to make bridesmaids dresses for a
wedding in 7 days time. But even if you hadn't mentioned the use for the
sewing machine, you *may* be able to recover the cost of hiring one, if he
refused to otherwise loan one (though you would be obliged to attempt this
anyway in order to mitigate your loss as far as practicable).

>>Thus if your gizmo fails with one day of
>>the warranty to go, then it gets fixed or replaced at no charge to the
>>customer.
>
> That depends entirely upon the warranty, it can exclude carriage
> costs for example and some cover parts only. Warranty repair is by
> no means always at no cost to the customer and usually the retailer
> has no responsibility for or any part in warranty repair.
>

The retailer is liable for any costs in returning the item to him, provided
some warranty or statutory rights are in force (but not otherwise). In
theory, you could reclaim your petrol or bus fare costs, if you were not
making the journey for any other reason, but I do not know of anyone who has
actually succeeded in doing so. Certainly, you are entitled to expect the
retailer to pick up carriage costs if he is some distance away.

> Under legislative rights the retailer is the single responsible
> person from the purchasers point of view. If an item fails you can
> return it to the retailer for repair. This will cost you nothing.
> If however you decide to use the manufacturers warranty service as
> your first recourse then you cannot simply present the bill for
> postage or any other cost of that warranty repair to the retailer
> without their agreement.
>

.... or if they have refused to honour their obligations. Otherwise true.


.

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