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PSU failure, under warranty but only offered less than 50% refund, help

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  • windup
    windup Posts: 339 Forumite
    The op had their answer almost immediately, and doesn't appear to be reading the subsequent page upon page of pointless argument, it's a nice day outside.....
  • Nessun_Dorma
    Nessun_Dorma Posts: 6,436 Forumite
    daytona0 wrote: »
    You have missed two things:

    1. Who is legally responsible for the warranty (because by default the seller is under SOGA, and the manufacturer is under warranty. Unless, of course, ebuyer are the manufacturer too)?

    2. My post was mainly criticising Zandoni's alleged incongruence up to now, not strictly arguing about who holds the warranty! It is more about how Zandoni says that he doesn't use ebuyer because they don't go beyond SOGA, yet they believe (like you) that this is/should be a warranty claim with the retailer. That IS going above and beyond SOGA. You two may be right, but to me this looks like SOGA especially when ebuyer referred OP to manufacturer.

    It goes over Zandoni's head which is quite funny (and possibly intentional).

    The only contract the consumer has is with the seller. If the seller has made a promise to the consumer, it is their responsibility to honour it. The consumer has no contract with the manufacturer, so anything that the consumer buys, they buy from the seller; that includes anything that comes with the goods.
  • Nessun_Dorma
    Nessun_Dorma Posts: 6,436 Forumite
    The consumer needs to pay shipping costs. OP wasn't willing to do this and nor were they happy with how long a warranty repair/replacement could take (2 months if i remember right).

    OP cannot be claiming under warranty as they are unwilling to abide by the terms of that warranty.

    The OP did not buy the product form the manufacturer.
  • Nessun_Dorma
    Nessun_Dorma Posts: 6,436 Forumite
    windup wrote: »
    The op had their answer almost immediately, and doesn't appear to be reading the subsequent page upon page of pointless argument, it's a nice day outside.....

    No, he had your answer, not the answer he needed.
  • daytona0
    daytona0 Posts: 2,358 Forumite
    Zandoni wrote: »
    I'm glad we cleared that up, still not sure what you are talking about in the second paragraph though.

    Haha, either I'm talking nonsense or you're just not getting what I'm saying. Either way, I think it has run its course.

    Hopefully OP has gotten a suitable resolution.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The only contract the consumer has is with the seller. If the seller has made a promise to the consumer, it is their responsibility to honour it. The consumer has no contract with the manufacturer, so anything that the consumer buys, they buy from the seller; that includes anything that comes with the goods.


    But if that seller was simply informing the customer that the manufacturer was supplying a 5 year warranty and not promising to supply it themselves then the seller has no legal or moral obligation to provide that warranty.
  • Zandoni
    Zandoni Posts: 3,465 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    daytona0 wrote: »
    Haha, either I'm talking nonsense or you're just not getting what I'm saying. Either way, I think it has run its course.

    Hopefully OP has gotten a suitable resolution.

    My money is on the nonsense bit :)
  • Nessun_Dorma
    Nessun_Dorma Posts: 6,436 Forumite
    But if that seller was simply informing the customer that the manufacturer was supplying a 5 year warranty and not promising to supply it themselves then the seller has no legal or moral obligation to provide that warranty.

    In which case, the seller would have had to have made that explicit. However, it still stands that the buyer only has a contract with the seller. The seller sells the warranty with the goods.
  • daytona0
    daytona0 Posts: 2,358 Forumite
    Zandoni wrote: »
    My money is on the nonsense bit :)

    Not very MSE to bet on forum posts ;)
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In which case, the seller would have had to have made that explicit. However, it still stands that the buyer only has a contract with the seller. The seller sells the warranty with the goods.

    From trading standards:
    What legal protection do I get with warranties and guarantees?
    The Sale and Supply of Goods to Consumers Regulations 2002 states that if a guarantee provider offers a guarantee on goods sold or supplied to consumers, the provider takes on a contractual obligation to honour the conditions set out in the guarantee.

    Or if you prefer CAB:
    Free guarantees
    A free guarantee for goods, including goods supplied with a service, is legally
    binding on the person offering the guarantee if the goods were bought on or
    after 31 March 2003. Guarantees for goods are usually provided by the
    manufacturer and give you extra rights in addition to the rights you already
    have against the seller.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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