To pay, or not to pay?

FNUSNU

Hi guys,

I had a bed delivered in January 2011, it had a one year guarantee and a nine year warranty. It's since gone defective. The shop asked for an independent assessor to check it out and they said it was a manufacturing defect. The shop has however said that we are in the warranty period and have to pay 1/9 of the bed cost for a replacement. However if it's a manufacturing defect ie defective even at the point of sale surely it shouldn't cost us anything? Any ideas and any similar experiences?

Thanks in advance!

123davo

I believe this is seen as acceptable in Retail Law ... you have effectively had one & a half years use of the item, so the refund can take that into account ... if you look at it that way then i think you;ll see that it's quite fair to the business and to you!

Jaynne

I disagree with 123davo - I believe you would only take that into account if a refund was being issued. In this case it is under warranty so the shop can repair, replace with equal or better product or refund. Only in the last case would you expect a reduction.

Ectophile

If you're claiming under warranty, you get whatever the warranty paperwork says. Sellers or manufacturers can put whatever clauses they like in the warranty.

If you're claiming under the Sale of Goods Act, then they can repair, replace or refund. If they go for the refund option, then they may reduce the payment to allow for the use you've had.

123davo

Jaynne wrote: »

I disagree with 123davo - I believe you would only take that into account if a refund was being issued. In this case it is under warranty so the shop can repair, replace with equal or better product or refund. Only in the last case would you expect a reduction.

Sorry ... i missed the 'replacement' bit ... assumed the OP was looking for a refund ... i certainly would if the seller had asked me to jump thru hoops like that!
Humble Pie eaten!