Faulty Goods Under Guarantee

LilElvis

Maharishi wrote: »

Just shy of £30 with delivery included - it's 36 cm.

This the 36 cm one I have - I think I got it for aboutique £80


https://www.amazon.co.uk/gp/aw/d/B00008XXA7/ref=mp_s_a_1_1?ie=UTF8&qid=1485285917&sr=8-1&pi=AC_SX236_SY340_FMwebp_QL65&keywords=wmf+wok&dpPl=1&dpID=41qsS8j1sRL&ref=plSrch

Maharishi

LilElvis wrote: »

This the 36 cm one I have - I think I got it for aboutique £80


https://www.amazon.co.uk/gp/aw/d/B00008XXA7/ref=mp_s_a_1_1?ie=UTF8&qid=1485285917&sr=8-1&pi=AC_SX236_SY340_FMwebp_QL65&keywords=wmf+wok&dpPl=1&dpID=41qsS8j1sRL&ref=plSrch

Crikey - we winced at £30! For a once a week/ month sweet and sour, done in 10 minutes, ours should have been adequate.

Maharishi

I've emailed KC and attached photos etc so there it is. Wait and see.

Thanks for your time guys and gals.

Maharishi

Well, this appeared in my inbox a short while ago. Well done Nisbets and "Martin" for a positive outcome. Happy days;

Good evening xxxxxx,

Thank you for your e-mail. I have forwarded the e-mail thread to our team leader to investigate as my colleague should not have replied to you in this manner.

On this occasion we will replace the wok free of charge, however this item will not carry any warranty. Our website clearly states that we provide standard one year warranty unless otherwise specified. As a retailer for kitchen craft we are happy to supply the product with a years warranty, however the guarantee for the coating is a promise that is made by the manufacturer and as such you will need to contact them directly should further incidences of this nature arise.

I hope this is acceptable and I will arrange delivery of the wok on Thursday

Please accept our apologies for any inconvenience that has been caused

Kind regards

Martin
Nisbets Customer Services

86875

wealdroam

Maharishi wrote: »

Well, this appeared in my inbox a short while ago. Well done Nisbets and "Martin" for a positive outcome. Happy days;

Good evening xxxxxx,

Thank you for your e-mail. I have forwarded the e-mail thread to our team leader to investigate as my colleague should not have replied to you in this manner.

On this occasion we will replace the wok free of charge, however this item will not carry any warranty. Our website clearly states that we provide standard one year warranty unless otherwise specified. As a retailer for kitchen craft we are happy to supply the product with a years warranty, however the guarantee for the coating is a promise that is made by the manufacturer and as such you will need to contact them directly should further incidences of this nature arise.

I hope this is acceptable and I will arrange delivery of the wok on Thursday

Please accept our apologies for any inconvenience that has been caused

Kind regards

Martin
Nisbets Customer Services

86875

Good to see that you have got the response you wanted, but I would still like to comment on this sentence in their email:

As a retailer for kitchen craft we are happy to supply the product with a years warranty, however the guarantee for the coating is a promise that is made by the manufacturer and as such you will need to contact them directly should further incidences of this nature arise.

As a retailer, they are responsible for 'promises made by the manufacturer'.

Section 9 of The Consumer Rights Act makes it clear that 'any public statement about the specific characteristics of the goods made by the trader, the producer or any representative of the trader or the producer' forms part of the contract between the retailer and the consumer.

It is clearly wrong for the seller in your case to deny that that have any responsibility for the coating guarantee.

Maharishi

wealdroam wrote: »

Good to see that you have got the response you wanted, but I would still like to comment on this sentence in their email:

As a retailer, they are responsible for 'promises made by the manufacturer'.

Section 9 of The Consumer Rights Act makes it clear that 'any public statement about the specific characteristics of the goods made by the trader, the producer or any representative of the trader or the producer' forms part of the contract between the retailer and the consumer.

It is clearly wrong for the seller in your case to deny that that have any responsibility for the coating guarantee.

Now that is well worth knowing. I am obliged, thank you very much. Mind you, I wonder if that applies as my "contract" with the seller pre-dates that act which came in during, I believe, late 2015 and my order was about 18 months earlier ...

wealdroam

Maharishi wrote: »

Now that is well worth knowing. I am obliged, thank you very much. Mind you, I wonder if that applies as my "contract" with the seller pre-dates that act which came in during, I believe, late 2015 and my order was about 18 months earlier ...

Sub-section 2D of Section 14 of The Sale of Goods Act said almost the same thing.

Maharishi

Aha, thank you very much again. Good to know, just in case something else crops up.

DoaM

wealdroam wrote: »

It is clearly wrong for the seller in your case to deny that that have any responsibility for the coating guarantee.

Is it? I agree that the retailer shouldn't just wash their hands of it - they should still act as an intermediary with the manufacturer. But the retailer isn't liable to service the manufacturer's warranty/guarantee, surely?

steampowered

By the sounds of it, the retailer is correct. The retailer is not liable under the manufacturer's guarantee.

The retailer is liable for compliance with the Consumer Rights Act. The manufacturer is liable under its guarantees.

In this particular case, I think you might be better off claiming from the manufacturer.

In order to claim against the retailer under the Consumer Rights Act, you would usually need to prove that the goods were faulty or otherwise not fit for purpose. I am not sure you could prove this as the wok lasted 2 years.