Selling without a warranty

vyle

At work, my department has done something that's left me in a bit of a quandary. We have a launch Xbox 360 that's somehow turned up and is missing a lot of accessories. It looks like it's been returned by somebody, but hasn't been used. We're selling it as ex display for £30 without a warranty.

Obviously we're still bound by the SOGA if something goes wrong, and I believe it is legal to sell something without a warranty if you make it clear to the customer at time of purchase.

However, regarding SOGA, is it correct that if you make clear to the buyer any faults that it may have (i.e. "If you buy this, bear in mind that due to its age, it's much more likely to Red Ring than a newer model") then if it DOES display that fault, then the buyer has no rights as it was made clear at the time of purchase?

If you had to sell the item, how would you proceed?

Annisele

There's no problem with selling things without a warranty - there's no legal requirement to have a warranty at all.

However, no matter what you tell the buyer it still has to be of satisfactory quality etc etc - so if it's faulty, the buyer has the right to take it back.

If you sold it as "here are some Xbox 360 parts, but the Xbox 360 doesn't work", that would be one thing - you'd be selling parts - but if you sell it as a working Xbox 360, then if it isn't a working Xbox 360 the buyer can return it.

Edit: selling it for £30 and warning the buyer about the red ring might help if it the box fails after a few months. Goods should be reasonably durable, and the amount you pay for them has a bearing on how long it is reasonable for them to last. Even so, if the thing failed within the first six months I'd expect the buyer to be able to get his money back.

jimbms

Even if you sell it like that so long as it is under 12 months old the manufacturers warranty still stands therefore you saying it has no warranty is lying.

Equaliser123

jimbms wrote: »

Even if you sell it like that so long as it is under 12 months old the manufacturers warranty still stands therefore you saying it has no warranty is lying.

I don't think it is "lying".

Manufacturers guarantee is subject to whatever conditions they include.

It will be sold with the implied warranties under the SOGA (satisfactory quality, fitness for purpose, etc).

vyle

jimbms wrote: »

Even if you sell it like that so long as it is under 12 months old the manufacturers warranty still stands therefore you saying it has no warranty is lying.

It's not under 12 months old. Seeing as it's already been sold once, is a launch xbox 360 (so around 4 years old) and was returned at some point in 2008, it's certainly no longer covered by MS's original warranty.

jimbms

vyle wrote: »

It's not under 12 months old. Seeing as it's already been sold once, is a launch xbox 360 (so around 4 years old) and was returned at some point in 2008, it's certainly no longer covered by MS's original warranty.

You didn't state it's age in the OP

Mankysteve

Sell it as unknown whether it works or not. Simples.

vyle

jimbms wrote: »

You didn't state it's age in the OP

I did say launch xbox :P.

molerat

eBay spares or repair. Simples.

vyle

molerat wrote: »

eBay spares or repair. Simples.

I did suggest we just trade it in at gamestation for cash, but my manager said that while it's a nice idea in principle, it's not something that my store would do.

Jojo_the_Tightfisted

vyle wrote: »

I did say launch xbox :P.

Which means beggar all to the person most likely to buy it for their child.