Faulty Goods - legal position ?

Ebe_Scrooge

I bought an electric shower from Wickes about 4 months ago, which has now stopped working. I took it back to the store, with the receipt, to get a replacement. But they told me I had to contact the manufacturer directly, as apparently Wickes have some sort of repair contract with them. They said the manufacturer will send someone out to test it, then either repair or replace as required. I asked to speak to the store manager who said the same thing.

This means I've got to take the unit back home, refit it so that they can test it, and be without a shower for about 10 days whilst I wait for them to send someone out. All I wanted was a replacement so that I can fit it and get on with having a shower :-) I always thought that a customer's contract was with the retailer, not the manufacturer, and they should sort it out. Where do I stand - can I demand a refund / replacement, and if so what piece of legislation do I need to quote ?

Pretani

I've never come across this before, but i'm not surprised some stores are at it. I've always thought the retailer was responsible to sort it out when the item is still under manufacturers warranty.

Take a look through this article,

http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0050-1011.txt

derrick

Your contract under the Sale of Goods Act, (SoGA), IS with the retailer, NOT the manufacturer.

Tell Wickes to sort it.

From HERE ; -
It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

This might also be worth a read; - A traders guide: the law relating to the supply of goods and services
It is for traders but still gives consumer advise.

andrew-b

Wickes have always been good with me for taking items back that i haven't used...when they are used though i think that's a different story - not too sure on the legalities of it.

I've had a warranty claim in the past for a tap that came as part of my wickes kitchen order that had a casting fault. The guarantee card (with wickes written on it rather than the manufacturer) that came with the tap and that i hadn't yet sent back gave a number to phone for any warranty claims which turned out to actually be a number for the manufacturer. If it's under warranty which i would think it would be then you'll almost certainly get a replacement.

The manufacturer for my tap had no problem with sending me a replacement and didn't have to come out to see it. They even offered me £30 towards a plumber to replace it - though the kitchen fitters actually did it and didnt charge me (they wouldn't have dared as they broke the sink in doing it!!). All the manufacturer asked was that i sent it back using the postage paid label sent to me. I'd do as wickes say and contact the manufacturer before bothering with putting it back. I was quite pleased to find the new tap came back complete with a 5-year warranty card from the manufacturer rather than the original 1 year warranty card i'd got from wickes!

Wait and see what the manufacturer say when you contact them...if your still not happy then i'd think about contacting trading standards to find out exactly where you stand.

Hope that helps

Andy

Ebe_Scrooge

Thanks for the advice - sounds like my thoughts were correct, but may be less hassle to phone them up as you suggest