Item swapped under warranty, but original never picked up

Merago

Hi there,

not sure if this is the right section of the forums, but it seemed to fit, so here goes.
I have an item which I booked for repair under warranty. The manufacturer arranged for a full replacement of the item rather than a repair and told me to have the original unit ready to be picked up by a courier so that it could be shipped back. Within a week, I had received the new unit. 6 weeks later, the original unit has still not been uplifted. Should I assume that it's not going to be picked up now? The reason I ask is, I've since discovered that the orginal unit wasn't faulty after all, so I'm considering selling it if the manufacturer aren't going to come pick it up.
Setting aside any moral issues (I had my fiscal conscience surgically removed many years ago), how long should I leave it before flogging it?
Thanks in advance for any replies.

somethingcorporate

I'd have thought never, the manufacturer could, at any time, ask for it back - so if you don't have the original you'd have to give up the replacement.

Morals may not be a problem for you but legally you could come a little unstuck as you still owe them for 1 of the items - they could pursue this through the courts if necessary. Sounds extreme and probably is but do not underestimate the nit-picking nature of some companies.

KeithP

Probably a good idea to give them a ring.

Thank them for replacing the item and ask them if they would like you to take the old broken one to the [STRIKE]rubbish tip[/STRIKE] council recycling centre for them?

epatolles

I agree with Keith... make out its still broken and you want to bin it

probably to be on the safe side get this in writing if its ok to do so?

Darksun

I'd send them a letter advising them they have, say, 2 weeks to arrange collections otherwise you will dispose of the item (or charge them a storage fee )

Payless_2

I got a replacement table from wilkinsons as the original one had a slight crack in it and I now have 2. I put a plant on the crack.

superscaper

somethingcorporate wrote: »

I'd have thought never,

English law always has a limit of six years for pretty much anything contract/civil. A bit impractical in these circumstances, but if it were to come to it the manufacturer would lose their rights after six years to the goods or money (if they were sold). The OP would have to take every reasonable step to inform them though beforehand to give them opportunity to collect goods and/or inform them of intention of selling in which case the OP would have to make every reasonable attempt to get the money to the manufacturer. The OP can legally deduct fees and storage costs though from any money made before passing it on.

somethingcorporate

I agree with the civil perspective (except 3 years for PI and 12 years for land) but there is no time barring on any criminal implications from such behaviour surely?