new ebay mattress broken after 7 months..who do i claim from

GabbaGabbaHey

Tim_Deegan wrote: »

If they tried to enforce that during the 12 month full guarantee period they would be breaking the law.

Surely SilentNight have no legal obligations to the buyer in this instance, and so they can impose whatever conditions they wish before agreeing to a goodwill settlement.

Any contractual agreement is between the buyer and the seller. In this case, if the seller is a Business then they should be liable under SoGA. If they were a private seller, then caveat emptor applies and the buyer is stuffed (unless SilenNight, as the manufacturer, are prepared to make a goodwill payment).

Tim_Deegan

GabbaGabbaHey wrote: »

Surely SilentNight have no legal obligations to the buyer in this instance, and so they can impose whatever conditions they wish before agreeing to a goodwill settlement.

Any contractual agreement is between the buyer and the seller. In this case, if the seller is a Business then they should be liable under SoGA. If they were a private seller, then caveat emptor applies and the buyer is stuffed (unless SilenNight, as the manufacturer, are prepared to make a goodwill payment).

The seller is responsible, and should be the first port of call. And they should exchange the mattress under the manufacturers guarantee. And Silentnight would have to exchange the mattress with the retailer. The guarantee is ultimately with the manufacturer, but the retailer acts as an agent. So if the retailer is being difficult, or doesn't exist any more, then the manufacturer will have to sort out the exchange. This is nothing to do will good will, it is the law.

I am in the middle of sorting out a replacement PS3 with Sony. It was bought from Woolworths, who obviously don't exist any more.

Tim_Deegan

Stevoe3002, have you contacted the seller yet?

steveo3002

yes i have..will update if i get a result

Hammyman

Crowqueen wrote: »

Yes, seller's responsibility lasts 6 months legally, I'm afraid.
.

No it doesn't, it lasts for " a reasonable expected lifespan". For white goods that can be 6 years.

Hammyman

Crowqueen wrote: »

[/I]It is the legal limit of the seller's direct responsibility for an item (as long as the seller is a business). After that the buyer is usually responsible for faults arising.

Wrong - the sellers liability is for the "reasonable expected lifetime" of the item. In the first 6 months it is automatically assumed the item was at fault and you are entitled to replacement, repair, refund unless the seller can prove negligence or misuse. After 6 months, the onus is on the buyer to prove that the fault was caused by a manufacturing problem and the time limit for a guarantee is "what would be the reasonable expected lifespan of the item" so for something like a TV or white goods, 6 years. However you'd have to prove it was a problem and you can be offered a pro-rata refund/replacement etc BUT THE CONTRACT IS STILL BETWEEN SELLER AND BUYER so the buyer takes it to where they bought it.

Xbox 360 is a good example of an item claimable after 6 months. They have a commonly known manufacturing fault which results in "the red ring of death (RROD for short)". A gaming console is typically expected to last 3 years so if it failed and showed the RROD, the customer could make a claim up until it being 3 years old (hence Microsoft extending the 1yr "guarantee" to 3 years for RROD).

The contract is with the seller not the manufacturer, so the claim would be made to the seller. They may forward it to the manufacturer but the seller is ultimately responsible for resolving it.

Tim_Deegan

steveo3002 wrote: »

yes i have..will update if i get a result

Any luck with the seller yet?

Crowqueen

Hammyman wrote: »

Wrong - the sellers liability is for the "reasonable expected lifetime" of the item. In the first 6 months it is automatically assumed the item was at fault and you are entitled to replacement, repair, refund unless the seller can prove negligence or misuse. After 6 months, the onus is on the buyer to prove that the fault was caused by a manufacturing problem and the time limit for a guarantee is "what would be the reasonable expected lifespan of the item" so for something like a TV or white goods, 6 years. However you'd have to prove it was a problem and you can be offered a pro-rata refund/replacement etc BUT THE CONTRACT IS STILL BETWEEN SELLER AND BUYER so the buyer takes it to where they bought it.

Xbox 360 is a good example of an item claimable after 6 months. They have a commonly known manufacturing fault which results in "the red ring of death (RROD for short)". A gaming console is typically expected to last 3 years so if it failed and showed the RROD, the customer could make a claim up until it being 3 years old (hence Microsoft extending the 1yr "guarantee" to 3 years for RROD).

The contract is with the seller not the manufacturer, so the claim would be made to the seller. They may forward it to the manufacturer but the seller is ultimately responsible for resolving it.

OK, thanks, that was very informative.

steveo3002

right updating this

i emailed and was asked to provide a photo of the saggy area , then another request for a photo of the base with promises to get back to me after speaking with the makers

ive not have a response sinse xmas now

shall i email and remind them its up to them to sort it , i can feel that they will say the maker says its not their problem

any ideas

chancesare_2

Why don't you pull their details from Ebay and ring them. Much more chance of getting an idea if they are going to sort it or not.