Faulty Maclaren Buggy not covered by lifetime guarantee for repair or replacement

neon_pineapple

Any advice on what I should to to resolve this please?

I have a Maclaren buggy which was bought in November 12. It has worked wonderfully well until a bolt fell out 15 days ago.

The buggy was returned to the shop I purchased it from the following day. I was told it would be returned to the manufacturers and returned to me within approx 14 days.
On the 15th day I was told the buggy was not in a reasonable state and therefore not covered by the lifetime guarantee. The reasons listed were the bolt had fallen out, a break had failed, the handle extensions were not in working condition, the left wheel support was bent and the tyres had uneven wear. It would cost £48 to have all of these issues rectified.

My child is under the specified weight limit for the buggy. The breaks and handles have worked in exactly the same way since the buggy was purchased and if they were faulty they have been faulty from date of purchase. I saw no bend in the wheel support before or after the bolt falling out and the buggy has not been used on any terrain other than Yorkshire and London streets to cause uneven tyre wear.

The shop I purchased the item from has said all they can do is take payment for the repairs or I can contact Maclaren customer services. The alternative is that I am given the buggy back but told it is unsafe and not suitable for use.

I am unsure what to do to take this issue forward and would like advice. As the buggy has only seen 7.5 months of wear it has not lasted a reasonable time and therefore not of a reasonable quality. It was registered to have a lifetime guarantee which I would have thought would have covered all/most of the issues listed above. Maclaren are saying none of the faults are manufacturing faults so therefore not falling under their guarantee.

What do I do next?

- Do I take the matter forward with the shop or the manufacturer as it has been outside of the 6 months?
- How do I prove the issue with the breaks and handle extensions have been there since purchase?
- How do I resolve this quickly?

Any ideas, suggestions, advice or anything to help me get this sorted is really appreciated.

Thanks so much

bris

It looks like they are saying the buggy has had excessive wear and tear, the wear on the tyres and bent parts would seem to back this up.

The only thing you can do now is prove otherwise, you need an independent report from a suitable repair specialist in this field to do this. This would cost around the cost of repairs with no guarentee that it would be in your favour or accepted by Maclaren.

At this stage Maclaren don't need to do anything and your fight now is with the retailer, it's now them you need to seek redress from, it may be easier to just pay the £48.

ThumbRemote

I really don't think 'excessive wear and tear' is a reason for denying you your statutory rights (note that this isn't the warranty - the warranty is different to these rights). Unless they've stated that the other faults are down to misuse, I'd suggest they need to fix these as well.

As bris said, you need to take it up with the retailer now. Go and have a conversation about it, and if necessary remind them that they are responsible for providing a remedy - repair, replacement or refund. This mustn't cause significant inconvenience to you, so they need to act quickly. If they don't, you can pay the £48 and pursue them for it via the courts later. Or (if they repair is going to take too long, and thus cause you significant inconvenience) buy a replacement buggy and pursue them for a refund of the original.

unholyangel

ThumbRemote wrote: »

I really don't think 'excessive wear and tear' is a reason for denying you your statutory rights (note that this isn't the warranty - the warranty is different to these rights). Unless they've stated that the other faults are down to misuse, I'd suggest they need to fix these as well.

As bris said, you need to take it up with the retailer now. Go and have a conversation about it, and if necessary remind them that they are responsible for providing a remedy - repair, replacement or refund. This mustn't cause significant inconvenience to you, so they need to act quickly. If they don't, you can pay the £48 and pursue them for it via the courts later. Or (if they repair is going to take too long, and thus cause you significant inconvenience) buy a replacement buggy and pursue them for a refund of the original.

Since its over 6 months/manufacturer are saying its not a manufacturing fault, OP would have to prove the faults are inherent before the shop are obliged to offer a remedy.

Usually done via independent report - the cost of which is refundable from the retailer if found in your favour. However always worth asking them what they require as "proof" first as some dont need independent reports.

I have a feeling that isnt going to be the case here though since manufacturer have washed their hands.

bris

ThumbRemote wrote: »

I really don't think 'excessive wear and tear' is a reason for denying you your statutory rights (note that this isn't the warranty - the warranty is different to these rights)

Of course it is, excessive wear and tear is not covered at all under SOGA.

ThumbRemote

bris wrote: »

Of course it is, excessive wear and tear is not covered at all under SOGA.

Really? Care to quote the bit that excludes this?

bebewoo

Thanks for posting anyway OP, it is always good to know which companies try to duck out of their guarantees and promises.
Just by posting here lots of people who might have bought McClaren now won't because they know they will have a fight on their hands if anything goes wrong.

[Deleted User]

The Sale of Goods Act is quite clear, your contract is with the shop and not the manufacturer. Tell them they are responsible for the warranty and must fix it.

In cases like this I find the best option is usually to just cut to the chase. Tell them to fix it or you will take them to Small Claims Court. If they still don't fix it then file your claim. Chances are they will then sort it out, but if they don't you should win easily in court. No lawyer required and the judge will help you. Only costs £30.

unholyangel

DELETED USER wrote:

The Sale of Goods Act is quite clear, your contract is with the shop and not the manufacturer. Tell them they are responsible for the warranty and must fix it.

In cases like this I find the best option is usually to just cut to the chase. Tell them to fix it or you will take them to Small Claims Court. If they still don't fix it then file your claim. Chances are they will then sort it out, but if they don't you should win easily in court. No lawyer required and the judge will help you. Only costs £30.

Costs depend on value of goods, how you file and also whether it goes to hearing.

As for the rest....read post 4 please. Retailer legally doesnt have to do anything unless the fault is inherent and as its been over 6 months from purchase, burden is with OP to prove its inherent.

neon_pineapple

Thanks for all the suggestions.

As the buggy is only 7.5 months old I'm confused by the suggestion that the issues are excessive wear and tear as it has not been used heavily, i.e. only on paved streets and only with a child under the specified weight allowance. This is what is confusing me.
On a very brief search most buggy's appear to last 1-2 years.

So best to try with the shop to see what they can do first then?

Thanks again.

pinkshoes

neon_pineapple wrote: »

Thanks for all the suggestions.

As the buggy is only 7.5 months old I'm confused by the suggestion that the issues are excessive wear and tear as it has not been used heavily, i.e. only on paved streets and only with a child under the specified weight allowance. This is what is confusing me.
On a very brief search most buggy's appear to last 1-2 years.

So best to try with the shop to see what they can do first then?

Thanks again.

TRY and get the shop to get the repair done for free.

If they won't or can't, you'll have to get some sort of independent report stating that it's faulty, and that the fault was inherent from when it was bought. (You need to have this done as it is over 6 months old, so up to YOU to prove it's faulty. If it was under 6 months, it would be up to the shop to prove it wasn't faulty)

You can then use this to take the retailer to court for the cost of the repair and the report.