Warranty query on auction purchases

dwainpipe

I recently bought a ex-display fridge via an auction (not eBay but a really auction house).

I have a receipt that shows model number, amount paid etc. what it doesn't show is anything like 'sold as seen' or 'no warranty offered or inferred'


When I got it home there is a crushed pipe that means the ice maker won't work. I thought I could replace the pipe so contacted the manufacturer to get the part. They sent out an engineer (free of charge) who said the whole door would need to be replaced as the pipe is moulded into the door. He said he would order it.


Next the manufacturer asked for a copy of my proof of purchase, which I sent.


I then got a call saying they would not replace the door as I'd bought the item subject to the terms and conditions of the auction house that said 'sold as seen' or 'no warranty offered or inferred'.


Is this true or what steps could I take?


The fridge was ex display with scratches etc but was first owner as all the packaging materials was still fully in place. So it was not second hand.


I think that where I bought a new item from (high street or auction) should make no difference to the manufacturer warranty as the retailer has still paid the manufacturer regardless of what the retailer then sells the item for (such as discounted or sale priced or even a very cheap price via an auction) or under any additional terms and conditions implied by the retailer.


I realise I have no comeback to the auction house but I feel the manufacturer should honour the warranty.

WTFH

Yes, if you had bought a new item, but no if you had bought one that wasn't new.

Ex-display is not new.

dwainpipe

So what is it that says ex display is not new, especially from a manufacturers viewpoint?

OlliesDad

dwainpipe wrote: »

So what is it that says ex display is not new, especially from a manufacturers viewpoint?

It is totally up to the manufacturer whether or not they offer a warranty on ex-display or second hand units. This is because the warranty is in addition to statutory rights, therefore there can be any terms inserted as they want.

Statutory rights would be against the retailer, however as this was an auction the waters are muddied.

WTFH

From a manufacturer's point of view, they don't know how long it has been on display for, was it displayed switched on or off? Etc.

What says it's not new is the fact that your receipt is not from a retailer, but from an auction house.

dwainpipe

But what says that the auction house is not a retailer? Why should auction and retailer be different?

From my view I've paid for goods. The manufacturer has been paid for the goods by the retailer. The retailer just happens to be other than the usual high street.

WTFH

The difference is that an auction house won't give you a guarantee for something, because they have no fall-back from the place they bought it from, and no relationship with the manufacturer.

OlliesDad

dwainpipe wrote: »

But what says that the auction house is not a retailer? Why should auction and retailer be different?

From my view I've paid for goods. The manufacturer has been paid for the goods by the retailer. The retailer just happens to be other than the usual high street.

You say the goods are ex-display, I presume the goods were not on display at the auction house therefore they must either be selling on behalf of somebody else, or they bought it from them at a reduced price. Therefore as far as the manufacturer is concerned it is not new and you have bought at a reduced price to reflect this.. why should they have any liability to you?

scheming_gypsy

dwainpipe wrote: »

But what says that the auction house is not a retailer? Why should auction and retailer be different?

From my view I've paid for goods. The manufacturer has been paid for the goods by the retailer. The retailer just happens to be other than the usual high street.

the auction house didn't buy from the manufacturer. It's ex-display and therefore not new; it's second hand goods being sold at an auction.
If an auction was a retailer then it would be called a shop, and not an auction.

what you're asking is "why is my second hand fridge that I bought second hand from a second hand shop, not classed as new". And the answer is in the question itself.

unholyangel

Did the advert state it has an icemaker?

Even auction sales need to conform to contract.

OlliesDad

unholyangel wrote: »

Did the advert state it has an icemaker?

Even auction sales need to conform to contract.

Of course as above, I think the above responses were more response to the specific question of the manufacturers warranty.

The above would be against the auction house if they were selling it or the owner of the goods if the auction was merely a selling platform.