Tarnsferable warranty

sillyfox

Hi. Advice please.
Bought a Motorola Moto G (mobile phone) off Ebay.
Had a prompt on the phone that an update was available.
Followed all instructions but the update failed and now it will not work at all.
The phone is a little over a year old which, from what I understand, is within the 2 year period I am entitled to under EU law.
Motorola are finding every excuse they can not to attempt a fix on the phone and now they are saying as I am not the original buyer of the phone that they will not transfer the warranty to me.
I feel this is wrong and that there is still statutory law that the phone must last a minimum of 2 years under EU law and me being a 2nd owner does not remove Motorola's responsibilities.
But I am right and how do I pursue this, as they have washed their hands of it?
Is there anything in The Sale Of Goods Act that protects me?
Many thanks for the help.

hollydays

How long have you owned it?

agrinnall

Motorola have no responsibility to you, they may have responsibility to the original buyer if that person bought the phone direct from Motorola, otherwise any support is entirely down to the terms of their warranty, and they are under no obligation to transfer it to you.

Your legal rights are with the ebay seller (UK law, there aren't really any EU laws, just regulations incorporated into Member State legal systems) and it's them you need to pursue.

sillyfox

I have owned it only a month or so

neilmcl

sillyfox wrote: »

Hi. Advice please.
Bought a Motorola Moto G (mobile phone) off Ebay.
Had a prompt on the phone that an update was available.
Followed all instructions but the update failed and now it will not work at all.
The phone is a little over a year old which, from what I understand, is within the 2 year period I am entitled to under EU law.
Motorola are finding every excuse they can not to attempt a fix on the phone and now they are saying as I am not the original buyer of the phone that they will not transfer the warranty to me.
I feel this is wrong and that there is still statutory law that the phone must last a minimum of 2 years under EU law and me being a 2nd owner does not remove Motorola's responsibilities.
But I am right and how do I pursue this, as they have washed their hands of it?
Is there anything in The Sale Of Goods Act that protects me?
Many thanks for the help.

There is no law, EU or otherwise, that states the manufacturer must provide a 2 year warranty. You did not buy the phone from Motorola so they have no obligation to you.

ARandomMiser

Search for 'motorola moto g warranty' and you should find a pdf. It clearly states the warranty is non-transferrable

unholyangel

To explain, its not a "warranty" in the sense of how the layperson would interpret it.

The EU directive sets a requirement that the seller be liable for a minimum of 2 years. Thats not that they're liable for every failure within those 2 years, it just refers to the minimum period a consumer should have for taking a seller to court. After that 2 years, the claims would be statute barred (ie out of time).

However, english law allows 6 years from purchase and scottish law allows 5 years from discovery - far more generous than mandated by the directive.

However the same directive also means that after the first 6 months, its for you to prove the goods lack of conformity is inherent in nature.


The above only applies if you are a consumer purchasing from a business. If you purchase from a private seller than they only need to have title to sell the goods and the goods must match their description - thats it.

LadyDee

If it's faulty and you bought it from a seller on ebay, why not open a dispute through Paypal or ebay to get your money back?

ARandomMiser

LadyDee wrote: »

If it's faulty and you bought it from a seller on ebay, why not open a dispute through Paypal or ebay to get your money back?

Would that work? Surely the seller could argue that it was in working condition when they sold it and the issue was caused by the new owners actions in trying to update the software. It might be a very grey area?

hollydays

ARandomMiser wrote: »

Would that work? Surely the seller could argue that it was in working condition when they sold it and the issue was caused by the new owners actions in trying to update the software. It might be a very grey area?

Surely what's significant is whether this is covered by eBay buyer guarentee or not?
Op is it over 30 days since you bought it?

wealdroam

hollydays wrote: »

Surely what's significant is whether this is covered by eBay buyer guarentee or not?
Op is it over 30 days since you bought it?

Perhaps Paypal's buyer protection, at 180 days, might be more useful.
Need to read what it covers though.