Where do I stand? Warranty goods from China?

mrsa

Hi, I am hoping someone can help me.

In March 2010 I purchased an unusual electronic item via Ebay from a company in China for £1200. The agreement was for 12 months warranty. When it was delivered, It came with a signed 18 months warranty certificate.

The machine is 15 months old and has developed a fault. I have contacted the company who have said that the machine is out of warranty and that I will need to pay for the repairs. They said the 18 month certificate was an error and I should have had a 12 month one.

So where do I stand? What rights do I have?

Thankyou.

paddyrg

mrsa wrote: »

In March 2010 I purchased an unusual electronic item via Ebay from a company in China for £1200...
So where do I stand? What rights do I have?

None. Frankly, unlucky. UK consumer protection laws do not apply to non-UK companies.

mrsa

paddyrg wrote: »

None. Frankly, unlucky. UK consumer protection laws do not apply to non-UK companies.

Thanks for the reply. Just as I assumed.

Actually, It is a ultrasound machine.

wealdroam

If you purchased via a credit card, maybe a Section 75 claim is appropriate.

Have a read of MSE's article on the subject.

Even if you used a debit card, that article may help.

If you paid via Paypal, things get more difficult.

shaun_from_Africa

I would have thought that the seller was correct about the warranty.

If it was advertised as having a 12 month warranty and this was shown in the advert which you used to purchase the item, they may well be able to argue successfully about the paperwork error stating 18 months cover.

mo786uk

wealdroam wrote: »

If you purchased via a credit card, maybe a Section 75 claim is appropriate.

Have a read of MSE's article on the subject.

Even if you used a debit card, that article may help.

If you paid via Paypal, things get more difficult.

Presumably as the product was bought 'in China' their consumer protection laws apply - do they have the same level of protection as the UK? Doubt it.

I have had this discussion with osmeone before btu I doubt a UK consuemr can bind a chinese company to our legislation just ebcause they purchased i nthe UK (would be pintless in reality).


Therefore, presumably the CC company may refuse a S75 claim on the basis the consumer has no contractual rights, if it turns out chinas laws are not as protective as ours.

excuse the spelling!!

michaelvintner

mo786uk wrote: »

Presumably as the product was bought 'in China' their consumer protection laws apply - do they have the same level of protection as the UK? Doubt it.

No they just shoot you if you argue with them.

wealdroam

mo786uk wrote: »

Therefore, presumably the CC company may refuse a S75 claim on the basis the consumer has no contractual rights, if it turns out chinas laws are not as protective as ours.

excuse the spelling!!

I don't think that a S75 claim has anything to do with the laws of the foreign country.

Here is a quote from that MSE article that I mentioned earlier...

Are overseas and web purchases protected?

Yes. This used to be a hot potato, but in 2006 this got to the Court of Appeal and it confirmed this applies to everything you buy. Whether it’s in the UK, abroad or on a foreign website, Section 75 applies.
This is a real boon, as often if you buy something abroad it’s much more difficult to get in touch with the retailer. So don’t bother, simply make a claim directly against the credit card company.

There is a more technical explanation on the Financial Ombudsman's website.

But again, Paypal will cloud the issue, if it was used.

mo786uk

Fair point - more recent article here it seems - http://www.insidemoneytalk.com/news/usw/usw289.html


I spose the point of section 75 was that you had a claim for a breach of contract. Clearly if you are contracting with a chinese business on their terms you shoudl only be able to claim on a breach of contratc on those terms. I can see why card companies might feel hard done by!

Although to be fair the only S75 claim I have ever done was againat a company in australia while i was on holiday because what they did to me would definitley have been a breach of contract in the UK!

shaun_from_Africa

Another point to remember regarding Sect 75 is that the OPs business status and reason for purchasing the goods is important here as
if the item was purchased as part of a business to business transaction then S75 won't apply.

I may well be wrong, but a £1200 ultrasound machine sounds like it might be for business use.