Who is responsible and what are my rights?

Markie11

I bought a Zyxel NAS drive from Dabs in Feb 2013. A few weeks ago it went on the blink so I contacted Zyxel who said they would raise a RMA and I should send the NAS drive by courier (at my cost). Their warranty policy is to fix or replace with same or better product. I sent off NAS drive and they called me a few days later to say that they would have to replace my drive with a new version 2 product but could do so in March 2014. I explained that this wasn't good enough and that they should fix or source me a new drive from their stock or a retailer (Dabs,Amazon). Their response was for me to contact Dabs. I did so, I originally didn't because I thought the manufacturer would be liable not the retailer, however, Dabs said they would replace providing I send the device to them. I've since requested the device be returned from Zyxel but I've yet to receive it. I have a feeling that I would be liable for the cost of sending to Dabs again.

What advice would anybody give?

stebiz

Markie11 wrote: »

because I thought the manufacturer would be liable not the retailer, however, Dabs said they would replace providing I send the device to them.

Sadly you thought wrong. It is the retailers responsibility and it should have been returned to them. So it is your responsibility to get it back and forward it to the correct party. Sorry!

DCFC79

Should have read up on it, yes its the retailers responsibility in the first year, there are times where it can be easier to go straight to the manufacturer.

frugal_mike

You won't be responsible for the cost of sending it to Dabs if the NAS drive is inherently faulty. I'm assuming here that you purchased it as a consumer and not a business.

Dabs may ask you to pay for the courier and then reimburse you if its faulty, or they may just send a courier themselves. Contact them and see.

bod1467

Just to correct a minor error ... the consumer can take action against the retailer for up to SIX years (5 years from discovery, in Scotland), not one year. What the retailer is obliged to offer as a remedy depends on the length of time from purchase date. (E.g. they could refund, but any refund may be reduced to account for usage. So the longer the time, the lower the refund, and depending on the item there may be NO refund).

neilmcl

bod1467 wrote: »

Just to correct a minor error ... the consumer can take action against the retailer for up to SIX years (5 years from discovery, in Scotland), not one year. What the retailer is obliged to offer as a remedy depends on the length of time from purchase date. (E.g. they could refund, but any refund may be reduced to account for usage. So the longer the time, the lower the refund, and depending on the item there may be NO refund).

I'm not sure it was an error as such, more like a comma in the wrong place.

Here's how it should have read, perhaps:

DCFC79 wrote: »

Should have read up on it, yes its the retailers responsibility, in the first year there are times where it can be easier to go straight to the manufacturer.

DCFC79

neilmcl wrote: »

I'm not sure it was an error as such, more like a comma in the wrong place.

Here's how it should have read, perhaps:

Yes I made an error there with the comma after responsibility.

ThumbRemote

Are Zyxel based in the UK? If so, legally, they have a duty of care for your products and must either return it to you or make it available for you to collect. Any other action can only be carried out by agreement with you.

If they are unable to return it, they need to give you the value as compensation.