Repairs - where do I stand

[DazzyD]

Unfortunatly not ture. The warrenty for the product is going to be with the manufacture and not the retailer in question. Unless the retailer provides its own warrenty, I highly doubt that the manufacture would provide an instant replacement gaurntee.

As a contract of sale, your first port of call is always with the retailer. The contract of sale is always between the seller and the buyer - the manufacturer doesn't come in to it.

Sorry, but that is completely wrong. Read what Crazy K has said.

Your first port of call is indeed with the retailer. However it's a common misconception that they are liable for a year. That's only because many manufacturers warranties are for 12 months.

The retailer under the SOGA is liable in the first 6 months to have to prove that any fault is the fault of the item owner, after 6 months and up to 6 years it's up to you to prove the item is faulty. That doesn't mean all items must last 6 years, of course.

This depends on the part of the UK you are from because Scotland have different time frames. The SOGA actually doesn't lay down any time frames as such but uses the vague, and open to interpretation, phrase "reasonable time". But it also states that goods must be "fit for purpose" so you could argue that if you bought an item for £500 and it went wrong within say 6 months, that item is not "fit for purpose" as it could be deemed "reasonable" to expect the item to last longer than that.

Alex's post above raises some valid points but I'm not sure about the "The seller should offer a refund or a replacement unless they can prove that there wasn’t a defect at the time you bought it." bit. Goods can go wrong after they have been purchased but I think that Alex is referring to the term of "inherently faulty" but I'm going to step back a little to look up on this one as there is something in my mind that is niggling me here! I'll post again soon.

[CRAZY K]

As a contract of sale, your first port of call is always with the retailer. The contract of sale is always between the seller and the buyer - the manufacturer doesn't come in to it.







This depends on the part of the UK you are from because Scotland have different time frames. The SOGA actually doesn't lay down any time frames as such but uses the vague, and open to interpretation, phrase "reasonable time". But it also states that goods must be "fit for purpose" so you could argue that if you bought an item for £500 and it went wrong within say 6 months, that item is not "fit for purpose" as it could be deemed "reasonable" to expect the item to last longer than that.

Alex's post above raises some valid points but I'm not sure about the "The seller should offer a refund or a replacement unless they can prove that there wasn’t a defect at the time you bought it." bit. Goods can go wrong after they have been purchased but I think that Alex is referring to the term of "inherently faulty" but I'm going to step back a little to look up on this one as there is something in my mind that is niggling me here! I'll post again soon.

To repeat Manufacturers Warranties have NOTHING TO DO with your rights against the RETAILER.

I just got my 3 yr old Microwave I bought from a RETAIL Kitchen Company fixed directly by the Manufacturer--if they had not sorted it Trading Standards were on hand to hit the RETAILER big time

They said 6 years was the time scale for Electrical Goods.

In the OPs case I think he is entitled to a straight replacement--its obviously not fit for intended purpose