Faulty Goods Under Guarantee

steampowered

wealdroam wrote: »

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.

The public statement was only that the good is sold with the benefit of a manufacturer's guarantee.

The term of the contract would be that the goods come with a manufacturer's guarantee. This does not make the retailer liable for the manufacturer's guarantee.

The retailer is only liable for its obligations under the Consumer Rights Act, which include ensuring the goods are fit for purpose and satisfactory quality. Any manufacturer guarantee which extends beyond that (such as a flat 10 year guarantee) would be the manufacturer's responsibility.

Maharishi

steampowered wrote: »

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

The retailer is liable for compliance with the Consumer Rights Act. The manufacturer is liable under its manufacturers' 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. As the wok lasted for 2 years I am not sure you have a valid claim under the Consumer Rights Act. It sounds like you may however have a clearer claim under the 3 year guarantee. It might be easier to chase the manufacturer in this instance.

"Fit for pupose" is quite tricky here as it is still able to cook food whether the non stick is there or not. Bit different if a handle was coming away. Although it has done 2 years plus, the coating started to come off (like the first one) after 2/3 uses. I just could not be bothered to keep chasing the retailer (again) so soon after a first replacement. I decided (at that time) to just "put up with it".

It was only when my wife expressed her concerns about food contamination and possible health issues, (how toxic is this stuff?), that I looked up when we bought it and found that I was inside the guarantee period. Aesthetics I can live with; our health (at 60 plus), maybe not so, which brings us to where we are now.

For something to come off so very very easily under ridiculously light and careful usage does seem to point to a fault in the manufacturing process causing poor adhesion and, hence, zero wear and tear ability. Even a 3 week guarantee would have been too long in my case!

Anyway, I am to receive a new one tomorrow. I don't expect it will be any better than the last two unless they were just from a rogue batch in 2014. However, when they tested them in the R&D department, they felt that the coating was tough enough to offer such an extraordinary guarantee so I will cross my fingers over the coming month.

Many thanks to all commenters for advice. If nothing else I have learned something and that, for me, is always welcome.

Take care everyone.

steampowered

Well done and thank you for letting us know the outcome.

DoaM

A question ... are you using metal utensils with the wok? (As I understand, you should only use plastic or wooden utensils with non-stick pans).

Maharishi

DoaM wrote: »

A question ... are you using metal utensils with the wok? (As I understand, you should only use plastic or wooden utensils with non-stick pans).

Doh! I omitted that from my opening post. Yes, wooden spoon or plastic spatula. I did remember to include that pertinent detail in my emails though ...

I am so OCD about my posessions that everything gets treated with such care that you would not believe. I just like to make things last as long as possible and stay looking like new. The resale prices that I have got for stuff that has been cared for in this way certainly make it the right thing to do although a loft full of original cartons and packing for everything I own is maybe just a tad over the top. You are what you are, I guess ...