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My fridge has broken- Warranty = 2year (bankrupt retailer) but 1year (manufacturer)!!
Greedy-Cheater
Posts: 13 Forumite
Hello I was wondering if anyone could help me with what the actual law is regarding an issue im having-
I bought a Daewoo brand fridge from an online retailer (belowtradeprices.co.uk) about 18months ago.
Their website had stated at the time that they offered a 2year warranty on that appliance.
My fridge broke down 2days ago, and so I want my money back to I can pay for a new fridge.
However the retailer has now just vanished and deleted their website, and so I cannot contact them to claim on my warranty! :mad::(
However when i have looked on Daewoo's website but they state there that the fridge is only covered by a 1year manufacturer's warranty.
But so does anyone know what exactly I can do now to get my money refunded by Daewoo?
As are they legally forced to honour the 2year warranty that the retailer had offered on their brand of product,
even though their manufacturer's warranty is only stated by them as being a 1year one??
Thanks
I bought a Daewoo brand fridge from an online retailer (belowtradeprices.co.uk) about 18months ago.
Their website had stated at the time that they offered a 2year warranty on that appliance.
My fridge broke down 2days ago, and so I want my money back to I can pay for a new fridge.
However the retailer has now just vanished and deleted their website, and so I cannot contact them to claim on my warranty! :mad::(
However when i have looked on Daewoo's website but they state there that the fridge is only covered by a 1year manufacturer's warranty.
But so does anyone know what exactly I can do now to get my money refunded by Daewoo?
As are they legally forced to honour the 2year warranty that the retailer had offered on their brand of product,
even though their manufacturer's warranty is only stated by them as being a 1year one??
Thanks
0
Comments
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You have no claim against Daewoo, your contract is with the manuafacturer. How did you pay?0
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Any right are with the retailer. So you're stuffed basically.0
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I paid with debitcard.
0 -
I know that if the retailer does go bankrupt the manufacturer IS legally forced to process the warranty (as it says on trading standards' website),
but it doesn't specify if they are allowed to 'offer their own warranty' in that situation,
or if they have to also comply with the warranty that was issued at point of sale for that product.0 -
Check the paperwork you received to see if the warranty was simply from the retailer or if it was underwritten by an insurer. If its an underwritten warranty then the warranty normally survives the retailer.
If the retailer has gone bust then you simply become one of the unsecured creditors and so fairly low down on the pecking list of who the assets of the company have to be distributed to.
Website is registered to:
WHICH WHOLESALE UK LIMITED
1 MAINDY CROFT
PENTRE
MID GLAMORGAN
WALES
CF41 7ET
Company No. 07515295
So try contacting them outside of the website0 -
The manufacturer will be tied to the terms of the warranty that they offered. If the retailer was offering additional warranty, then they would be covering that.. not the manufacturer.
Have you contacted Daewoo? It may be that they were offering a 2 year warranty for a short while to encourage sales.0 -
IF you sort the problems regarding the warranty (and who may be liable) you may get it repaired but I doubt anyone is going to give you all the money back.and so I want my money back to I can pay for a new fridge.0 -
Warranty implies that they will repair your appliance, not refund.0
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Greedy-Cheater wrote: »I know that if the retailer does go bankrupt the manufacturer IS legally forced to process the warranty (as it says on trading standards' website),
but it doesn't specify if they are allowed to 'offer their own warranty' in that situation,
or if they have to also comply with the warranty that was issued at point of sale for that product.
A few points...
An individual is made bankrupt, a company is dissolved. An individual trading as a sole trader isn't released from their obligations when closing a business, although the BR individual would be ( if they've declared BR that is).
A dissolved company is none existent, it can be restored and officially liquidated if it hasn't already been though but usually not a viable option.
Your interpretation is wrong...
Think of the manufacturers warranty and any other warranty offered by the retailer as independent to each other.
If the manufacturer agreed to provide a 1 year warranty then they are bound by those terms, irrespective of the retailers status.
If the retailer offer 2 year warranty they are bound by those terms, if the company is dissolved you can't really enforce it. But it does not transfer to the goods manufacturer.
Irrespective, unless the warranty permitted a refund, you'd likely be entitled to a repair or replacement only.
But yes any company can offer an in house warranty if they so desire.
Not what you want to hear, but sadly you have very few options here.0 -
Greedy-Cheater wrote: »I know that if the retailer does go bankrupt the manufacturer IS legally forced to process the warranty (as it says on trading standards' website),
I can't find any reference to that, and in any case it's incorrect. You have NO contract with the manufacturer.0
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