Company refusing to honor warranty

Tozer

derrick wrote: »

You seem to, for some reason be following me around putting spokes in consumer rights, are you a retailer who has been burned by the SoGA?

No I am a lawyer who does nothing all day but contract law.... You?

Tozer

And just for the record, SOGA does not create contracts. It implies terms into contracts.

Collateral Contracts can exist with manufacturers under the principles outlined in Shankland Pier -v- Detel Products and the Contracts (Rights of Third Parties) Act 1999.

Believe it or not, SOGA is not the only law relating to contracts!!!

Dave101t

keep trying, you can always go to their head office with an official complaint against the store. you have the paperwork as proof.

i always look for a guarantee, extended warranties are almost useless as they are often only there for a key malfunction, anything classed as 'wear and tear' they will get out of

derrick

Tozer wrote: »

No I am a lawyer who does nothing all day but contract law.... You?

Doesn't mean you are always right, (or that consumers are wrong), the SoGA is there to protect/give redress to consumers without having to resort to overpriced lawyers, and has served me well on several occasions, especially when retailers tell me to "go back to the manufacturer", well unless they observe their legal obligations under SoGA, my port of call is the small claims court, and I have only lost once.

WHICH, BERR, Consumer Direct, etc all inform consumers that. "The Sale of Goods Act makes reference to ‘the seller’, this is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer, and don’t let the shop tell you otherwise! This quote is from Consumer Direct.



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Tozer

derrick wrote: »

Doesn't mean you are always right, (or that consumers are wrong), the SoGA is there to protect/give redress to consumers without having to resort to overpriced lawyers, and has served me well on several occasions, especially when retailers tell me to "go back to the manufacturer", well unless they observe their legal obligations under SoGA, my port of call is the small claims court, and I have only lost once.

WHICH, BERR, Consumer Direct, etc all inform consumers that. "The Sale of Goods Act makes reference to ‘the seller’, this is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer, and don’t let the shop tell you otherwise! This quote is from Consumer Direct.



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Didn't say that I am always right (although I can't think of an occasion where I have been wrong...) but you asked me if I am a retailer.

SOGA is not applicable in respect of manufacturers guarantees so why you keep spouting on about it, I don't know.

derrick

Tozer wrote: »

SOGA is not applicable in respect of manufacturers guarantees so why you keep spouting on about it, I don't know.

SoGA is the LAW, guarantees and warranties are in addition to statutory rights and cannot take them away, as the government websites will inform you, so SoGA rules!
Also SoGA can last up to 6 years for claims against the seller, guarantees are usually for 1/2 years and are so full of get out clauses that it is better to use SoGA.

The guarantee is between the manufacturer and the seller!, and whilst it may be possible for the buyer to go to the manufacturer re the guarantee, they can tell you to "go away".

Tozer

derrick wrote: »

SoGA is the LAW, guarantees and warranties are in addition to statutory rights and cannot take them away, as the government websites will inform you, so SoGA rules!
Also SoGA can last up to 6 years for claims against the seller, guarantees are usually for 1/2 years and are so full of get out clauses that it is better to use SoGA.

The guarantee is between the manufacturer and the seller!, and whilst it may be possible for the buyer to go to the manufacturer re the guarantee, they can tell you to "go away".

Sorry but this is all wrong.

1. SOGA is not THE law. It is A law.

2. SOGA implies warranties into contracts.

3. SOGA does not permit claims against sellers for 6 years. The Limitation Act 1980 provides for a time limit of 6 years within which to bring a claim. This applies to any contractual or tortious claim NOT JUST SOGA.

4. Manufacturers guarantees apply for the period stated within the guarantee.

5. The guarantee is NOT between the manufacturer and the seller but between the manufacturer and the end user. That is the purpose of them! The seller's rights against the manufacturer are in the contract of purchase between them.

6. Getting bored with this now. This isn't GCSE law complexity.

derrick

Tozer wrote: »

Sorry but this is all wrong.

1. SOGA is not THE law. It is A law.

2. SOGA implies warranties into contracts.

3. SOGA does not permit claims against sellers for 6 years. The Limitation Act 1980 provides for a time limit of 6 years within which to bring a claim. This applies to any contractual or tortious claim NOT JUST SOGA.

That's what I said!

4. Manufacturers guarantees apply for the period stated within the guarantee.

5. The guarantee is NOT between the manufacturer and the seller but between the manufacturer and the end user. That is the purpose of them! The seller's rights against the manufacturer are in the contract of purchase between them.

6. Getting bored with this now. This isn't GCSE law complexity.

I disagree, but hey this is an open forum with differing views, I have used SoGA for years with no ill effects, and will continue to do so!

Tozer

derrick wrote: »

I disagree, but hey this is an open forum with differing views, I have used SoGA for years with no ill effects, and will continue to do so!

Good. But please do not tell others that they have no rights against the manufacturer when they do.

derrick

Tozer wrote: »

Good. But please do not tell others that they have no rights against the manufacturer when they do.

You just won't give up will you!

When purchasing from a retailer your rights are against the seller, you have no contract with the manufacturer, once again from Consumer Direct; - "The Sale of Goods Act makes reference to ‘the seller’, this is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer, and don’t let the shop tell you otherwise! This quote is from Consumer Direct.