Two year warranty question

Esskay_2

The company I work for offers a one year warranty on electrical goods that we manufacture, this is extended to two years if the guarantee is registered online. Yesterday we had a call from a woman who had bought one of our products second hand on ebay, and it has developed a problem (which is minor) she was trying to say that we should honour the two year guarantee (even though she was not the original purchaser) and replace the faulty part free of charge. We state on our website that the two year guarantee only applies to the original purchaser. She is a bit cross about this and I can't find anywhere online that clarifies the situation regarding guarantees/warranties and their transfer under the Sale of Goods Act - can anyone help?

Thank you!

bingo_bango

That's because there isn't one. For SoGA to apply, there would have to be a contract between your company and the owner. There is no contract here as she did not purchase from you, so therefore SoGA does not apply.

As far as the warranty goes, if your terms state that it only applies to the priginal purchaser, then you do not have to offer anything to her, as she is not the original purchaser. That falls to simple contract law, and is not enshrined in any legislation.

Esskay_2

Thank you! I will try and explain it to her nicely! :-)

derrick

bingo_bango wrote: »

As far as the warranty goes, if your terms state that it only applies to the priginal purchaser, then you do not have to offer anything to her, as she is not the original purchaser. That falls to simple contract law, and is not enshrined in any legislation.

What if the T&Cs don't state anything? (OP hasn't confirmed), Does this mean the warranty stands?

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bingo_bango

derrick wrote: »

What if the T&Cs don't state anything? (OP hasn't confirmed), Does this mean the warranty stands?

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You mean like this?

Esskay wrote:

The company I work for offers a one year warranty on electrical goods that we manufacture, this is extended to two years if the guarantee is registered online. Yesterday we had a call from a woman who had bought one of our products second hand on ebay, and it has developed a problem (which is minor) she was trying to say that we should honour the two year guarantee (even though she was not the original purchaser) and replace the faulty part free of charge. We state on our website that the two year guarantee only applies to the original purchaser. She is a bit cross about this and I can't find anywhere online that clarifies the situation regarding guarantees/warranties and their transfer under the Sale of Goods Act - can anyone help?

BUT, to answer what is still a decent question about what happens if the terms are silent on only the original purchaser being able to claim.

I would argue then that the warranty would still stand. OP however would be within their rights to demand proof of the original purchase in order that they could determine that the sale was within 2 years and the warranty was indeed still valid.
If the consumer was able to supply this, then I think OP firm would have to honour it. If the consumer cannot provide this, then I would say not.

derrick

bingo_bango wrote: »

You mean like this?



BUT, to answer what is still a decent question about what happens if the terms are silent on only the original purchaser being able to claim.

I would argue then that the warranty would still stand. OP however would be within their rights to demand proof of the original purchase in order that they could determine that the sale was within 2 years and the warranty was indeed still valid.
If the consumer was able to supply this, then I think OP firm would have to honour it. If the consumer cannot provide this, then I would say not.

That will teach me to read the OP again before responding to a later answer:o.

Would proof of purchase may be irrelevant in this case, as the OP says it has to be registered online to qualify for the 2 year warranty, and if this is done then POP is established.


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bingo_bango

IF the warranty had to be registered online (OP simply states that the terms are available online, not that registration is done that way) then yes, POP would be established.

However, that registration would be by the original purchaser, and only they would have the right to make a claim under the warranty for a failure of the item. Subsequent sale to another individual would not allow the warranty right to be automatically transferred to the new individual, unless of course the original purchaser asked the trader if this was allowed and got their agreement in advance.

bod1467

Or the terms explicitly allow transfer of the warranty.

derrick

bod1467 wrote: »

Or the terms explicitly allow transfer of the warranty.

Which IMO should be so by definition, if they are prepared to offer a 2 year warranty it should not be dependant on who owns it, i.e. it could be a gift,( which could be declared at the time of purchase), but as I have said, if it carries X years warranty, then that warranty should stand whoever owns the product!


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bod1467

You'd think, eh?

But not always so. For example, Vauxhall offer a lifetime warranty on their cars - but only to the original purchaser, it's not transferable. (Or at least wasn't - this might have changed).

derrick

bod1467 wrote: »

You'd think, eh?

But not always so. For example, Vauxhall offer a lifetime warranty on their cars - but only to the original purchaser, it's not transferable. (Or at least wasn't - this might have changed).

Hmmmm, and if memory serves, Vauxhall's "lifetime", is not actually!

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