Warranty issue - whose responsibility?

Richard53

Last October, I bought a bicycle front light from an Amazon seller. This week I noticed it was faulty. The light should have flash and steady modes, but only the flash mode works. I have another light, almost identical, which works fine, so it's not user error. The light worked fine up until this week.


I contacted the seller through Amazon and was asked to return it to them, so they could send it to their supplier 'for warranty inspection'. I replied, saying I thought it wouldn't need a formal inspection, as it would be obvious within ten seconds that it wasn't working properly (obviously I worded it more politely than that). Their reply was that everything had to go back to the suppliers for testing, no matter what. I sent the light back to them today.


If this is how it must be, then I'm fine with that, as the lighter evenings and mornings mean my commute is no longer in the dark both ways, and I won't need the steady function again until later in the year. But I wonder if they are being a bit difficult here. I always thought that one's contract was with the seller, not the seller's supplier, and it was up to the seller to honour any refund or replacement under guarantee, rather than hide behind an importer or manufacturer, who has no part in the contract of sale. (I believe the manufacturer is in China.)


If I am wrong, so be it, but it would be good to know what my position is here. Any advice or information would be welcome.


Thanks.

marliepanda

You are mixing up guarantees and the sale of goods act. SOGA is with the seller, your guarantee is with the supplier/manufacturer.

You are within 6 months so you are able to claim under the SOGA, however the retailer can satisfy themselves the item is faulty using the supplier.

TadleyBaggie

If the purchase was in October then SOGA no longer applies, it's the CRA.

unholyangel

Just being faulty doesn't entitle you to anything. Its why its faulty thats important. So not something they'll be able to see within seconds of receiving it back.

If for example you had damaged it, they wouldn't have to provide a remedy. But if substandard components were used in manufacture which led to it failing prematurely, then that would entitle you to a remedy.

wealdroam

TadleyBaggie wrote: »

If the purchase was in October then SOGA no longer applies, it's the CRA.

Indeed it is, but nothing has changed on this point.

The seller is responsible, but has every right to satisfy himself that the goods are inherently faulty. The seller can ask anyone to help him with this - including the manufacturer.

Yes sure, the seller could take thirty seconds to see that the steady mode no longer works, but does the seller have the necessary skills to determine why that might be?
Could it be due to mishandling - perhaps the seller needs the manufacturer's help to decide?

esuhl

Assuming nothing has changed (I haven't kept up with consumer law for a few years)... and my memory serves me correctly...

You are entitled to a replacement (or part-refund based on the amount of use you've already had of the product) if the item is found to be inherently faulty.

After six months, it's up to you to prove that the item was faulty when you bought it (by getting an independent professional report). Within six months, it's up to the supplier to pay for testing if they want it.

If the independent testing shows that the item was NOT inherently faulty, then legally (by statute) you're not entitled to anything. I think you can ask for a copy of the test report, though.

All from memory, but I think that's the gist. Of course, you may have additional rights to the statutory ones if the supplier or manufacturer offered any guarantees or a warranty.

Richard53

marliepanda wrote: »

You are mixing up guarantees and the sale of goods act. SOGA is with the seller, your guarantee is with the supplier/manufacturer.

You are within 6 months so you are able to claim under the SOGA, however the retailer can satisfy themselves the item is faulty using the supplier.

OK, thank you. That seems fair. I'm not about to make a fuss, and I told the seller I didn't want money back or anything, just a working light. If what they are doing is the correct procedure, I have no problem with that. I just hope it doesn't take weeks ...


It's a fantastic little thing - bright enough to ride on unlit country lanes at reasonable speeds, but the size of a matchbox, and I can recharge it on my computer at work.

Thank you all for helpful responses.