Manufacturer guarantee when company goes bust

craigpyne

Hi,
I am looking for some advice. I bought a fish tank just over 1 year ago from a retailer whom have since gone bust. The tank has since developed a major fault. The manufacturer offers a 2 year guarantee on all products.

I have contacted the manufacturer about my situation, they are adamant that the contract of sale lies with the retailer and won't budge their position.

Where do I stand legally? Should the manufacturer accept liability or am I up the creak without a paddle and home for my fishy friends?

Thanks

Craig

verityboo

Your statutory writes would have been with the retailer and a manufacturers guarantee would normally be in addition. Because of this they can stipulate conditions (like insisting you go through the original retailer)
Did you receive any paperwork outlining the manufacturers guarantee detailing any conditions that may have been attached to it?

KeithP

How did you pay for the tank?
What was the purchase price?

If you used a credit card, or some other form of credit, and the purchase price was over £100.00, then Section 75 of the Consumer Credit Act may help you.

Read MSE's article:

Free protection for ALL credit card spending

craigpyne

Here's the added boot in the stones. I can't find any proof of purchase, and my credit card company want £5 just for the privilege of sending out a statement covering the dates in question.

Fosterdog

Out of interest what major fault has developed in a fish tank?

craigpyne

Bottom of the tank cracked badly. Heard a couple of loud pops coming from it the other night; followed by water dripping. Tank hasn't moved since it was put in place over a year ago; its 180L so its some weight to move.

KeithP

craigpyne wrote: »

Here's the added boot in the stones. I can't find any proof of purchase, and my credit card company want £5 just for the privilege of sending out a statement covering the dates in question.

My credit card company, Amex, will allow me to download statements back to 2010 online for no charge.

Have you tried online to get the statement?

Anyway, isn't £5 a small price to pay?

craigpyne

My company only goes back 12 months; so they can charge for the privilege of going further back. I am not 100% sure that I used my credit card, although I can't find the transaction on any other card.

Also not wanting to pay anything on the chance that a. it wasn't that card that was used and b. where I stand with the manufacturer even if I have proof of purchase

Fosterdog

Did it come with its own stand or have you used your own?

180l is only a 3ft tank so not exactly big, was the stand levelled properly and was there adequate polystyrene or matting between the tank and stand to evenly disperse the weight?

Ultimately glass doesn’t just break, there must have been some unevenness somewhere or possibly it got chipped when filling with substrate and decor.

It is rare for a tank to break in the way you describe when it’s a relatively light tank if the base is adequately supported. It’s a lot more common for the sealant to break down or for something to physically damage it.

Fosterdog

craigpyne wrote: »

My company only goes back 12 months; so they can charge for the privilege of going further back. I am not 100% sure that I used my credit card, although I can't find the transaction on any other card.

Also not wanting to pay anything on the chance that a. it wasn't that card that was used and b. where I stand with the manufacturer even if I have proof of purchase

If it’s possible that it could be a different card it would make more sense to check the others first just in case if they are free to check.

Ultimately you still won’t have a claim against the manufacturer but you may have a case against the card provider if it was a credit card used. They may however want you to prove that it is an inherent manufacturing fault which would be almost impossible with cracked glass.

JJ_Egan

<<The manufacturer offers a 2 year guarantee on all products.>>

What does that guarantee say ??
A manufactures guarantee is not part of the sale of goods .