Defective Product / Warranty Question

llyamah

Hi All

In June 2012 I purchased a dehumidifier from an online company (who will remain anonymous for now). I paid with my credit card. I don't know how long the warranty offered was, but I believe it was 12 months (they are currently showing it on their website as coming with a 2 year warranty).

The dehumidifier is now broken and the company want £50 to collect it and repair it.

I assume that they are not within their rights to demand this? Or is my warranty with the manufacturer? If the company refuses to budge, is this the sort of dispute where the credit card company will help with under section 75 of the consumer credit act (the dehumidifier cost over £100)?



Thanks.

unholyangel

Warranty is with manufacturer. Statutory rights (SoGA) is with retailer.

Are the retailer admitting or denying its inherently faulty?

llyamah

They're not denying it. They are now saying that I need to get in touch with the manufacturer. I don't really want to have to deal with the manufacturer. What are my statutory rights here?

bris

You statutory rights are to prove to them it's faulty by getting an expert in the field to write a report on the fault being inherent at time of purchase.

Present that to them and if they agree then they should deal with the problem at no cost to you, you should also get the cost of the report back with any delivery charges, this is the hassle our so called wonderful statutory rights put you through.

They of course can the send it off to the manufacturer who can dispute the experts findings and then it's off to court to let the judge decide who's right.

This is because it's over 6 months old which in reality is all the UK statutory rights you truly have.

wealdroam

Your statutory rights are to a remedy if the item is inherently faulty.

Your first question is...

Q1. What is an inherent fault?
A fault present at the time of purchase. Examples are:
• an error in design so that a product is manufactured incorrectly
• an error in manufacturing where a faulty component was inserted.
The "fault" may not become apparent immediately but it was there at the time of sale and so the product was not of satisfactory standard.

The possible remedies are either a refund or repair or replacement.
If a refund is decided upon, that can be partial to take account of the use you have had.
You can choose the remedy, but you cannot force the seller to provide a disproportionately costly remedy.

I wouldn't be getting an independent report at this stage.
Wait until the seller denies that the thing is inherently faulty before doing that.
You never know, the seller may be quite happy to provide a remedy without you needing to prove anything.

Have a read of this...
http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html