Business account / warranty void or shorter ???

glenns

Hello All

I've had a quick look around the forums and cant really find any specfic answers to this question.

Basically I have an account with an on-line electrical retailer (eBuyer) with whom I buy lots of computer parts and all is well until a part is faulty. Their returns procedure is a joke, and if you contact them via the e-notes system you get a standard company line that you must contact the manufacturer to return parts after 28 days of purchase.

On a recent order I had 5 items to replace after 2 months of use, 1 went back fine via the returns system online, 3 required phones calls at 10p/min (spent about an hour on phone to them so far) the last item they at first accepted , then sent back saying i have to contact the manufacturer, so i did , the manufacturer states they have a 2 year warranty but it is the retailers job to deal with the end user. so the complaint is so far ongoing

but the real question is does having a business account mean that i have less rights, i.e. only 28 days for returns ?? I thought electrical goods in the uk came with 1 year warranty under the sale of goods act ?


any help or advice is much appreciated

Flyboy152

glenns wrote: »

Hello All

I've had a quick look around the forums and cant really find any specfic answers to this question.

Basically I have an account with an on-line electrical retailer (eBuyer) with whom I buy lots of computer parts and all is well until a part is faulty. Their returns procedure is a joke, and if you contact them via the e-notes system you get a standard company line that you must contact the manufacturer to return parts after 28 days of purchase.

On a recent order I had 5 items to replace after 2 months of use, 1 went back fine via the returns system online, 3 required phones calls at 10p/min (spent about an hour on phone to them so far) the last item they at first accepted , then sent back saying i have to contact the manufacturer, so i did , the manufacturer states they have a 2 year warranty but it is the retailers job to deal with the end user. so the complaint is so far ongoing

but the real question is does having a business account mean that i have less rights, i.e. only 28 days for returns ?? I thought electrical goods in the uk came with 1 year warranty under the sale of goods act ?


any help or advice is much appreciated

Two aspects of the the transaction to consider here, one is the SOGA and the other is contract law. It is true that the SOGA does not afford business to business transactions with the same rights as business to consumer sales, but contract law doesn't necessarily make that distinction. Your contract is still with the seller, not the manufacturer. If the seller is saying that, because you are a business buyer, the normal rules of contact do not apply, I would say that they are talking out of their proverbial.

glenns

Wow, Flyboy , that was a quick reply , cheers

basically ebuyer (the retailer) is saying , its after 28 days you gotta talk to the manufacturer, were not interested.

the manufacturer says:

please with proof of purchase and send it back to your retailer for services. Kindly be informed that we provide 1 year warranty in US /Canada and 2 year warranty in european countries starting from the date of purchase. Your retailer should provide warranty for your drive and help you take care of the case, if your drive is still under the warranty.

I guess its just company line to get rid of customers trying to return stuff so they dont have to deal with it. I'm not hugely concerned about the part (its only £11) more in how this should be delt with for future reference.

I dont really want to deal with companies that wont accept returns on faulty parts as it means i just have to push my prices up to cover them myself.

also as a "business" account you get no extra discounts, no special pricing or features over the standard account. If i had a standard business to individual account whould i have greater protection under the sale of goods act ?

Equaliser123

Flyboy152 wrote: »

Two aspects of the the transaction to consider here, one is the SOGA and the other is contract law. It is true that the SOGA does not afford business to business transactions with the same rights as business to consumer sales, but contract law doesn't necessarily make that distinction. Your contract is still with the seller, not the manufacturer. If the seller is saying that, because you are a business buyer, the normal rules of contact do not apply, I would say that they are talking out of their proverbial.

Not strictly correct.

SOGA affords the same basic rights as B2B as it does B2C transactions. The main distinction is that the parties in a B2B transaction can contract out of the implied warranties under SOGA whereas in a B2C transaction they cannot.

Also, whether the OP was a business depends entirely on the circumstances rather than whether he simply had a business account. This applies all the time in respect of queries about Makro.

glenns

Equaliser123 wrote: »

Not strictly correct.

SOGA affords the same basic rights as B2B as it does B2C transactions. The main distinction is that the parties in a B2B transaction can contract out of the implied warranties under SOGA whereas in a B2C transaction they cannot.

I'm guessing this is why when you buy a few things from them over e few months they contact you asking if you'd like a business account and state you'll have your own account manager blah blah that you never hear from again.

Also, whether the OP was a business depends entirely on the circumstances rather than whether he simply had a business account. This applies all the time in respect of queries about Makro.

I'm trading as a sole trader, not LTD or partnership , does that have any bearing on the situation ?