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Warning - Misco - Hewlett Packard!!!

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Comments

  • djohn2002uk
    djohn2002uk Posts: 2,323 Forumite
    Go and read up on consumer law. The contract is with the retailer! No get out and timescale. You are mixing it up with something else.
    The whole of the warranty period and beyond is the responsibility of the retailer.
  • intel
    intel Posts: 6,404 Forumite
    1,000 Posts Combo Breaker
    Go and read up on consumer law. The contract is with the retailer! No get out and timescale. You are mixing it up with something else.
    The whole of the warranty period and beyond is the responsibility of the retailer.

    So I bought a Indiset tumble dryer from littlewoods catalogue and after 3mths it breaks down so I phone Littlewoods and a man who delivers goods comes out and fixes my tumble dryer, yeah right.

    I would be told to phone the Manufacturer, and they
    would send an engineer out, I think a recap of the law would help you out.


    HTH
  • djohn2002uk
    djohn2002uk Posts: 2,323 Forumite
    From Trading Standards website:-

    The law considers that the seller of the goods is always liable for breaches of contract, such as goods being faulty, so, even if there is a guarantee, the seller must rectify the faults if you ask him/her to. In exceptional circumstances, the manufacturer may be liable, e.g. if you are injured by an unsafe product, or if the manufacturer was negligent.
  • intel
    intel Posts: 6,404 Forumite
    1,000 Posts Combo Breaker
    From Trading Standards website:-

    The law considers that the seller of the goods is always liable for breaches of contract, such as goods being faulty, so, even if there is a guarantee, the seller must rectify the faults if you ask him/her to. In exceptional circumstances, the manufacturer may be liable, e.g. if you are injured by an unsafe product, or if the manufacturer was negligent.

    HP is the seller Misco is the re-seller so the above doesnt apply :rolleyes:

    And when you contact customer support on a 1.50p per minute line I would
    of already booked my engineer....
  • intel wrote:
    HP is the seller Misco is the re-seller so the above doesnt apply :rolleyes:

    So what's a reseller. A company who buys goods and sells them on. Tesco is a reseller of Kellogs cereals. "The above" ceratinly does apply.

    I would agree though that while officially it is Misco's responsibility sometimes with these companies following their advice and contacting the manufacturer is easiest.
  • intel
    intel Posts: 6,404 Forumite
    1,000 Posts Combo Breaker
    grahawk wrote:
    So what's a reseller. A company who buys goods and sells them on. Tesco is a reseller of Kellogs cereals. "The above" ceratinly does apply.

    Reseller, Official Outlet that kind of thing.

    Yeah and contacting the Organ Grinder and not the Monkey is always best.
  • Go and read up on consumer law. The contract is with the retailer! No get out and timescale. You are mixing it up with something else.
    The whole of the warranty period and beyond is the responsibility of the retailer.
    djohn2002uk is right: if a product breaks within 3 months, it is now up to the reseller to prove that it was not broken when they sold it to you. Otherwise they have to fix it. The product has to be fit for purpose, so the time period may well be longer for more durable items.

    If you buy an Indesit washing machine from any store, catalogue or interent site (or "reseller"), it is up to the seller to fix it if it is within the warranty period. So yes, in Intel's example, Littlewoods are legally bound to fix it or replace it. There have been stories in Which? that some stores have tried to fob people off, but the law states that it is up to them to fix it. When you buy a Japanese car, you don't then go to the manufacturer or importer, you go to the garage that sold it to you.

    Legally, Intel is getting it very wrong, I'm afraid. You may get better results talking to the manufacturer, but the seller is legally bound to pay for it
    Jumbo

    "You may have speed, but I have momentum"
  • djohn2002uk
    djohn2002uk Posts: 2,323 Forumite
    Intel.
    Although trying to explain this to you appears to be a complete waste of time, as you just argue against what is law. But one further explanation for you.

    Manufacturer = Maker of the goods

    Seller = The retailer of the goods

    Reseller = A retailer who deals in used/refurbished/second hand goods. e.g. Morgans.

    This is my last post on the subject. I hope it will be yours too unless you use facts instead of guesswork.
  • intel
    intel Posts: 6,404 Forumite
    1,000 Posts Combo Breaker
    Your boring me now

    :beer:

    Edit: Your both boring me now

    :beer:


    Zzzzzzz
  • An area of common confusion and you are all correct to a degree. Under contract law if a guarantee is offered by a manufacturer then it is the manufacturer who is legally responsible in law for compliance with the terms of the guarantees.

    Guarantees are freely offered over and above your consumer statutory rights under the provisions of the Sale of Goods Act et al. Here the legal onus rests with the retailer to ensure that the goods supplied are of reasonable quality.

    In this instance I would seek redress from Misco under the provision of the Sale of Goods Act which states that goods must meet the standards that any reasonable person would expect, taking into account the description, the price and all other relevant information. In some circumstances, the retailer may be liable for any statement made by the manufacturer about the goods.

    Satisfactory quality includes the appearance and finish of the goods, their safety and durability and whether they are free from defects (including minor faults)


    There is no time limitation on these provisions. It all comes down to reasonableness as determined in court. For a laptop keyboard to fail after 2 months I would put it that it does not meet the criterion that any reasonable person would expect for the durability of a computer keyboard.

    HTH

    For clarification see here and here.

    :cool:

    TOG
    604!
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