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Can I claim direct from the manufacturer?
EllenorR
Posts: 36 Forumite
Hi all you wonderful people here, I was wondering if you could help me out how best to make a claim.
Just over 12 months ago, I bought an item from an electrical retailer who has now gone bust
The item itself cost about £50 and, as it seems is always the case, failed just after the 12 month manufacturer's warranty expired.
Well I say failed, all that has happened is one of the little knobs/levers has worn/broken and fallen off.
I can clearly see now the part has come away that it was not fully moulded on the reverse (my OH says it's what is known as a short shot in he plastics industry where he works). That is why we think it prematurely failed.
I would expect a replacement little knob/lever would cost just pennies. I'd even pay say a £1 or 2 for one or even up to say £5 including post & packing.
I contacted the manufacturer to see if they could help me.
The good news if they said they certainly could, the bad news is they said I would need to return the entire item to them for repair. As it was outside of their 12 month warranty (by less than a month) I would have to pay them to repair it. They said their minimum charge for any repair, which is all it will probably cost based on my account to them of the fault, would be £25 plus VAT (i.e. £30 total). :mad:
My thoughts are no way! I could probably buy a brand new replacement item complete for about £40 if I search online.
Now if the retailer still existed, I'd try them under SOGA and Martins SAD FART rights
http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange
i.e.
1. Not of satisfactory quality (incomplete moulding)
2. Did not last a reasonable amount of time (I think any reasonable person would expect this product to last at least 4-5 years, given the price originally paid - perhaps much longer)
So the question is, can I claim direct from the manufacturer?
If so, would this be under SOGA? If not, which legislation?
(The manufacturer, who I prefer not to name at this point, is UK based
)
Btw I've checked places like ebay for a replacement, possibly second hand part or even something being sold for spares but can't find anything suitable.
Just over 12 months ago, I bought an item from an electrical retailer who has now gone bust
The item itself cost about £50 and, as it seems is always the case, failed just after the 12 month manufacturer's warranty expired.
Well I say failed, all that has happened is one of the little knobs/levers has worn/broken and fallen off.
I can clearly see now the part has come away that it was not fully moulded on the reverse (my OH says it's what is known as a short shot in he plastics industry where he works). That is why we think it prematurely failed.
I would expect a replacement little knob/lever would cost just pennies. I'd even pay say a £1 or 2 for one or even up to say £5 including post & packing.
I contacted the manufacturer to see if they could help me.
The good news if they said they certainly could, the bad news is they said I would need to return the entire item to them for repair. As it was outside of their 12 month warranty (by less than a month) I would have to pay them to repair it. They said their minimum charge for any repair, which is all it will probably cost based on my account to them of the fault, would be £25 plus VAT (i.e. £30 total). :mad:
My thoughts are no way! I could probably buy a brand new replacement item complete for about £40 if I search online.
Now if the retailer still existed, I'd try them under SOGA and Martins SAD FART rights
http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange
i.e.
1. Not of satisfactory quality (incomplete moulding)
2. Did not last a reasonable amount of time (I think any reasonable person would expect this product to last at least 4-5 years, given the price originally paid - perhaps much longer)
So the question is, can I claim direct from the manufacturer?
If so, would this be under SOGA? If not, which legislation?
(The manufacturer, who I prefer not to name at this point, is UK based
)Btw I've checked places like ebay for a replacement, possibly second hand part or even something being sold for spares but can't find anything suitable.
0
Comments
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No you can't claim under the SOGA with the manufacturer. You're bound by their warranty terms.0
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The warranty has expired. Is there any other way I could claim please?tinkerbell28 wrote: »No you can't claim under the SOGA with the manufacturer. You're bound by their warranty terms.0 -
No. Not if the retailer has gone.0
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On the basis that it has a short shot in the moulding, surely this is proving the fault was inherent from the point of manufacture, and thus faulty when sold?
(so they should be repairing it for you free of charge...)Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
No. If your retailer was around then yes, exactly what you've just said. Unfortunately you're bound by the manufacturer warranty terms.0
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On the basis that it has a short shot in the moulding, surely this is proving the fault was inherent from the point of manufacture, and thus faulty when sold?
(so they should be repairing it for you free of charge...)
You would still be reliant on goodwill from them to repair it even if you prove it is inherently faulty.
The contract of purchase and all statutory and contractual rights only exist between retailer and customer. Only if the manufacturers own warranty is still in force do they have any obligations towards the end customer.
Really there is not much that can be suggested if the retailer has gone bust. If you paid by card you could see if your bank is willing to attempt a chargeback but given the timescales its unlikely they will and if the vendor went bust some time ago its unlikely to be successful even if they do agree to attempt it due to the lack of funds at the other end to pay it.0 -
On the basis that it has a short shot in the moulding, surely this is proving the fault was inherent from the point of manufacture, and thus faulty when sold?
(so they should be repairing it for you free of charge...)
Yes, I'm pretty sure I can prove this was faulty from new on that very basis 0 -
InsideInsurance wrote: »The contract of purchase and all statutory and contractual rights only exist between retailer and customer. Only if the manufacturers own warranty is still in force do they have any obligations towards the end customer.
Damn.
I was worried that might be the case.0 -
Yes, I'm pretty sure I can prove this was faulty from new on that very basis
But not much help if the retailer has gone bust, as your contract was with the retailer I'm afraid.
Still, worth a try writing to the manufacturer and pointing out that it was inherently faulty due to a manufacturing moulding error (machines should have measures to detect short shots!!) therefore ask as a good will gesture if they will replace or repair it.
If they won't, then name and shame them, and buy a different brand!Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
It was bought from Comet?
What is/was the product?
What about using superglue/araldite to fit the control back on?0
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