Credit card receipt - proof of purchase? Warranty refused!

greg123_2

Hi All,

I wonder if you would be kind enough to comment. I bought a Hanns-g monitor from Watford Electronics (Savastore) 2.5 years ago which subsequently went bust. It was bought out and now exists as Saverstore but they say they do not have any records not honour any warranties from Watford Electronics.

The problem is that the monitor was bought with a 3 year mfr's guarantee and they have flatly refused to repair it as they say we don't have proof of purchase and the date of manufacture of the unit is over 3 years ago (it must have been sat in Watford's warehouse for a few months before sale). We ordered it over the phone and never had/can't find any invoice.

What we DO have is the box with the delivery label with the date on showing it was delivered to us 2.5 years ago. We DO have a receipt on credit card a day earlier to Watford Electronics. We DO have a sticker on the box showing the previous delivery of the unit around 3 years ago TO Watford Electronics.

Hanns-g won't accept the above copy of CC statement not pictures of the box showing when it was delivered as proof of purchase. They don't say why, they just say 'the unit has no warranty without proof of purchase'.

Can anyone tell me:
a) can I put any legal pressure on Hanns-g to accept this as proof of purchase?
b) can I legally get my money back/leave the problem wiht the CC company instead?

Thoughts appreciated,
Greg.

djb215

Hi

How much did you pay for the monitor originally?


Under the Sale of Goods Act you can claim for faults upto 6 years England, Wales & NI/5 years Scotland from your original date of purchase, HOWEVER there are some limitations.

Firstly, the SOGA indicates that goods must last "a reasonable amount of time", but there's no definition of "reasonable amount of time". As an example if you paid £800 for a TV you would expect it to last at least 4-6 years, whereas with a £10 toaster you would only expect to last 12 months max.

Secondly, after the initial six months from sale, the burden of proof to prove that the fault is inherent changes from the retailer to the consumer (termed "reversal of burden of proof"), so the retailer can ask you to get an independant report done on the unit to prove there is a fault.

Thirdly, any claims under SOGA are with the retailer, NOT the manufacturer. If Watford Electronics were still trading, they would be liable, and they cannot ask you specifically for a receipt, but for a proof of purchase, in this case you have. Usually manufacturers directly are willing to help, but in your case the manufacturer wants to see a receipt, and as SOGA does not apply directly to them from you they aren't obliged to help; if you originally bought the item from Hanns-g directly then it would be a different matter.

Under Section 75 of the Credit Consumer Act, your CC company is also liable, even if the retailer goes bust. However, i'm unsure as to how they would proceed in your case. If you were claiming against the shop, they would be obliged to repair, contribute to repair/replacement or offer a partial refund depending on how much use you have had on your item.

I'd hold off from the manufacturer for now and speak to your credit card company, let us know how you get on!

Freddie_Snowbits

greg123 wrote: »

Hi All,

I wonder if you would be kind enough to comment. I bought a Hanns-g monitor from Watford Electronics (Savastore) 2.5 years ago which subsequently went bust.

And your question is? They went bust!

greg123_2

Freddie_Snowbits wrote: »

And your question is? They went bust!

That's right Freddie, but as the warranty is not/was not/was never to be provided by them, but by the manufacturer Hanns-g, I don't see how the retailer being bust has any relevance to Hanns-g's liability to live up to their advertised 3 year warranty.

Do you think that because the retailer is bust the mfr's extended warranty automatically is gone too? If so, why?

Regards, Greg.

greg123_2

djb215 wrote: »

Hi

How much did you pay for the monitor originally?



I'd hold off from the manufacturer for now and speak to your credit card company, let us know how you get on!

Cheers for that, appreciated. So in a nutshell, try the CC company and see what they say?

Re price, it was £120 give or take a few pennies. As it was advertised with 3 year warranty to my mind a reasonable time for it to last is 3 years, I'm not pushing for any extra!

Cheers, Greg.

djb215

greg123 wrote: »

That's right Freddie, but as the warranty is not/was not/was never to be provided by them, but by the manufacturer Hanns-g, I don't see how the retailer being bust has any relevance to Hanns-g's liability to live up to their advertised 3 year warranty.

Do you think that because the retailer is bust the mfr's extended warranty automatically is gone too? If so, why?

Regards, Greg.

It may be a bit difficult to word but I'll try.

Hann-g gave a 3 year warranty with the unit. Warranties are an EXTENSION of your consumer rights, and probably somewhere within the T&C of the warranty it will say you need a receipt.

From your consumer rights, Hanns-g have no liability towards YOU, they would have liability towards the wholesaler who purchased the monitor, which in turn was sold to Watford Electronics and sold to you. The liability would work upwards, so Watford Electronics are liable for you, the wholesaler is liable for Watford Electronics and Hanns-g is liable for the wholesaler.

In consumer law a sale is often referred to as a contract, and you have a contract with Watford Electronics & your CC company, you do not have a contract with the manufacturer, and your consumer rights only apply where you have a contract - if you originally bought the monitor from Hanns-g directly then you WOULD have a contract with them.

In your case as Hanns-g are not willing to do anything without the receipt then there's not much you can do except take it up with your CC company, as you have a contract with them.

That's the fuzzy logic of it anyways!!!

gollum007

You could always produce your own reciept, MSPaint works wonders here

-Gollum