Is my guarantee still valid if the manufacturer has folded

CodyCalling74

Hi,

I bought a bathroom suite from Clifton bathrooms around 5 years ago. Unfortunately the pivot mechanism on the shower door has snapped (as a result general use) and it has come off. Now when I bought the suite it came with a ten year guarantee so naturally I wanted to know whether I could get a replacement. Having spoken to Cliftons they said that the they would contact Frontline who distribute that particular enclosure. Having waited for them to get back to me I decided to contact Frontline myself who told me that the manufacturer who supplied the enclosure had folded and so my guarantee was no longer valid and they couldn't replace the door as they couldn't obtain the spare part. They then sent a rep round who told me the best he could do was to sell me at a discounted price a fixed panel to replace the door. This looks like the best option as I can't find anywhere that sells spare parts for this enclosure but before I go down that route I wanted to know whether the guarantee is invalid now the manufacturer has folded and whether I should pursue them for a whole new enclosure given that they can't replace the part that's broke. Also looked at claiming on house insurance but not sure if that's covered as wording is quite vague from what I can see. Any advice would be much appreciated.

Valli

If the provider of the guarantee is no longer trading then no.

JJ_Egan

However your rights under sale of goods act are against the vendor .
But as you say wear and tear then it does not apply .

ThumbRemote

I would think there's a good argument that you have a claim against the retailer. You bought 'a product with a 10 year warranty' from them. It seems there is not a 10 year warranty. Therefore you have not received what you paid for.

unholyangel

ThumbRemote wrote: »

I would think there's a good argument that you have a claim against the retailer. You bought 'a product with a 10 year warranty' from them. It seems there is not a 10 year warranty. Therefore you have not received what you paid for.

The warranty is only binding on the party offering it. If it was a retailers warranty then it would be enforceable against the retailer.

If the warranty isn't insurance backed, then OP is basically limited to their statutory rights with the retailer.

mttylad

On the other hand.....

What does the mechanism look like?
It may be available from one of the many Chinese sites such as alibaba.

ThumbRemote

unholyangel wrote: »

The warranty is only binding on the party offering it. If it was a retailers warranty then it would be enforceable against the retailer.

If the warranty isn't insurance backed, then OP is basically limited to their statutory rights with the retailer.

But applying the sale of goods act, the product must be as described. It was described as having a 10 year warranty, which it doesn't have. Surely therefore the statutory rights do apply, and the OP would be entitled to a partial refund (that seemingly being the only possible remedy) from the retailer.

shaun_from_Africa

According to trading Standards, if a warranty is offered then it is legally binding but only legally binding on the person or company who offered it so if it was a manufacturers warranty, the retailer has no responsibility.

http://www.renfrewshire.gov.uk/webcontent/home/services/community+and+living/consumer+advice+and+protection/es-mw-tradingstandardsfaq#special

A warranty or guarantee should give you rights over and above your statutory ones, but read it carefully to check what it covers. If a guarantee comes with a registration card you may have to fill this out and send it off before you are covered. The guarantee should tell you how to make a claim. Guarantees do not affect your normal statutory rights and are in addition to them. A guarantee is now legally binding on the person offering it and can be enforced through the Small Claims Court. This is particularly helpful if the retailer has ceased trading as it allows you to sue the manufacturer.