Should a Shop honour Guarantee if Manufacturer gone Bust?

BassBunny

I play in a band and we bought a set of 4 Radio Mics in Dec 2015. They are guaranteed for 3 years and we have already had 1 mic go faulty within 4 months, (and replaced), as well as a set of duff batteries replaced.
A second mic has gone faulty, (exactly the same fault as the first), and 2 others have developed temperamental On/Off switches and are all but useless.
I contacted the shop we bought from via the Internet and they are saying 1 year warranty, I can prove the 3 year warranty easily, but I have now found out that the manufacturer has gone into liquidation so am questioning where we stand.
Obviously we can't get replacements or repair so does anyone know what our rights are and what the shops responsibilities are?
Currently they are trying to prove/disprove the 3 year warranty period and haven't made any offers or suggestions as to the way forward. I just want to be armed with any relevant information when they do get back to me.
Even if they still argue about the warranty I assume EU Directive (1999/44/EC) which states that "a two-year guarantee applies for the sale of all consumer goods everywhere in the EU." would apply?

cono1717

I imagine the 3 year warranty will be with the now defunct manufacturer. However under SoGA the retailer has an obligation to refund, repair or replace (at their discretion) the item. But once 6 months from the original purchase date has passed the onus becomes on the customer to prove by way of an independent report that it is a inherent manufacturing defect.

Should this be the case the retailer must also refund the cost of the report.

I'm not sure how much the mics where but you need to assess weather it will be worth paying for the report or just cutting your losses and buying new mics.

KeithP

BassBunny wrote: »

Even if they still argue about the warranty I assume EU Directive (1999/44/EC) which states that "a two-year guarantee applies for the sale of all consumer goods everywhere in the EU." would apply?

Yes it would, but not in the manner you think.

Simply, because you have a statutory right for up to six years to seek a remedy from whoever sold the goods to you.

neilmcl

cono1717 wrote: »

I imagine the 3 year warranty will be with the now defunct manufacturer. However under SoGA the retailer has an obligation to refund, repair or replace (at their discretion) the item. But once 6 months from the original purchase date has passed the onus becomes on the customer to prove by way of an independent report that it is a inherent manufacturing defect.

Should this be the case the retailer must also refund the cost of the report.

I'm not sure how much the mics where but you need to assess weather it will be worth paying for the report or just cutting your losses and buying new mics.

Consumer Rights Act, not SOGA.

neilmcl

TBH this sounds a little like a b2b purchase so your statutory rights would be limited.

cono1717

neilmcl wrote: »

Consumer Rights Act, not SOGA.

Dang it! Got my 2015 and 2016 confused.

LABMAN

cono1717 wrote: »

Dang it! Got my 2015 and 2016 confused.

...and your weather and whether!:D

steampowered

The shop will not be liable for the manufacturer's warranty.

However the shop will be liable if it sold you goods which were not 'satisfactory quality' or 'fit for purpose'.

The burden would be on you to prove that the microphones were not 'satisfactory quality' or not 'fit for purpose', I don't know if you could prove this given that the microphones are already nearly 2 years old.

neilmcl wrote: »

TBH this sounds a little like a b2b purchase so your statutory rights would be limited.

The main statutory obligations relating to goods (i.e. the goods must be satisfactory quality and fit for purpose) still apply to B2B contracts. Albeit those obligations are under the old SOGA (parts of which remain in force) rather than under the new Consumer Rights Act.

cono1717

LABMAN wrote: »

...and your weather and whether!:D

Nah, they're is no way I'd make a mistake like that, I'd catch it on the reread I think your reading something wear their is'nt anything. :rotfl:

dj1471

If the mics cost over £100 each and you paid by credit card a Section 75 claim may be successful, but may not be an option if purchased for business use.

BassBunny

They were a set of 4 as a complete package and certainly cost more than £100 so thanks for the reminder.