Manufacturer Responsibilities

RissaC

Hello. I bought a bed frame online in October 2013 and the other night I fell through it (ok, stop laughing!!)! The main wooden beam that runs vertically down the middle has snapped in several places. I found out that the retailer has since gone bust so I contacted the manufacturer directly and asked if they had a new piece of wood they could send me so I could fix it myself. They said they'll send me one but that I must pay for postage charges. I just wondered where I stand legally on this? I'd really appreciate any advice anyone is able to provide on this. Thanks in advance

k3lvc

RissaC wrote: »

I just wondered where I stand legally on this?

Well you don't stand on the bed :rotfl:- is that what caused the issue to start with ?

Seriously though unless the postage is extortionate I'd just accept it - the alternative is you're going to have to prove a manufacturing defect whilst sleeping on the floor

RissaC

k3lvc wrote: »

Well you don't stand on the bed :rotfl:- is that what caused the issue to start with ?

Seriously though unless the postage is extortionate I'd just accept it - the alternative is you're going to have to prove a manufacturing defect whilst sleeping on the floor

Haha thanks @k3lvc! No, I haven't been standing on the bed. Sadly I think you get what you pay for & it wasn't an expensive bed. I think you're right about paying for it for ease of resolution. I was just hoping someone would be able to quote a section of consumer rights law I could go back with to try and save a few £ (especially given I've only had it 8 months)

JJ_Egan

Consumer law you claim from the vendor .

bris

You have no claim against the manufacture so take their offer.

Any rights you had were with the retailer or perhaps if you paid by credit card then them too if over £100, but you then have to prove you didn't break it and it had an inherent fault, not something you could really do with physical damage.

Poppie68

Maybe cheaper to get a piece of wood from a timber yard?

neilmcl

k3lvc wrote: »

Well you don't stand on the bed :rotfl:- is that what caused the issue to start with ?

Seriously though unless the postage is extortionate I'd just accept it - the alternative is you're going to have to prove a manufacturing defect whilst sleeping on the floor

Proving a manufacturing defect will be of no use. The OP's rights are with the seller not the manufacturer.

forgotmyname

I would just goto a timber merchants or even one of the DIY chains and replace the wood with something a bit stronger.

rustyboy21

As already said, go to a timber yard with the sizes and get them to cut it to size. Just remember the vertical piece, which will stop it collapsing again.


Most likely work out cheaper than the postage you will have to pay.

unholyangel

Could also get one or two strips of metal (if theres enough room dimension wise) in order to strengthen the wood so it doesnt snap again. Or just get a metal strip.

Will cost a bit more than wood but should improve the lifespan and stop the same issue reoccuring.

Of course if the bed was really cheap.......this may not be cost effective.

InsideInsurance

There is no contract between you and the manufacturer and no statutory rights and so in general your claim has to be against the merchant (or credit provider if paid on credit subject to meeting the terms of the consumer credit act section 75)

http://en.wikipedia.org/wiki/Donoghue_v_Stevenson

That said, as per the above, there can be claims made against the manufacturer under the law of torts/ common law if you can demonstrate that they have been negligent in their production of the goods and that it is reasonably foreseeable that this negligence could cause harm to the users of the product