Is retailer responsible?

jojomigs

Its my first time posting, so please be kind.

12 months ago we ordered a pool table/dining table and when it came there were faults on the top (part that is put on to make the dining table). The retailer contacted the manufacturer to arrange another top (leaving me with faulty one to use in meantime) and after a long 3 month wait, it was delivered. However, this was marked even worse, so was sent away.

Despite a few chasing emails I haven't heard much back so I called them today. The retailer told me that the manufacturer went into liquidation and then re-opened under another name and so didn't know if they would be able to help any further.

My initial thoughts is that my contract is with the retailer, so the responsibility is with them to at least offer suitable compensation if the faulty top cannot/will not be replaced.

Is this correct...any advice greatly appreciated!!

InsideInsurance

Yes your rights are still with the retailer.

If you are willing to accept the item in its current state in exchange for a partial refund then put this to the retailer. Life is much much easier for complaints handlers when people actually say what their preferred or acceptable solutions are rather than leaving them to guess.

System

what is the exact timing and what warranty did the retailer give ? its usually only 12 months so you maybe unlucky.

halibut2209

The complaint was made well within the 12 months. It's not been resolved yet.

agrinnall

CHRISSYG wrote: »

what is the exact timing and what warranty did the retailer give ? its usually only 12 months so you maybe unlucky.

Warranty doesn't generally come from the retailer, as their responsibility is to perform in accordance with SOGA. So whether the retailer said anything about 12 months or not is irrelevant, as the OP appears to be well covered by their SOGA rights still.

System

the op says 12 months ago they bought the item if the maker is no longer in business do you think the retailer will cover the item after 12 months hence the question re timing.

halibut2209

What have you been doing for 9 months?

agrinnall

CHRISSYG wrote: »

the op says 12 months ago they bought the item if the maker is no longer in business do you think the retailer will cover the item after 12 months hence the question re timing.

It's still irrelevant, as SOGA responsibilities last for the expected lifetime of the product. While the manufacturer can set a time limit on what they will do, the retailer can't. The retailer may not be able to offer a full range of remedies because the manufacturer is no longer there, which is why II suggested accepting a financial settlement.

jojomigs

Thank you all for taking time to reply. I complained to the company on delivery of the item in December..it took them until April (with lots of chasing) to send a replacement, which was worse than the one they had left me with!! Since then I have periodically been chasing them but not had a lot of response. I think emails are too easy to ignore, so decided today to pick up the phone and ask what they are playing at. This is when I had the liquidation story.

They initially told me it takes months to get a replacement top as they have to be made bespoke it they are not coming with a table, so expected a wait, which is not why I have not been chasing them.

I think I will suggest a settlement. I can't see me receiving this replacement!!

Thanks again everyone!