Warranty work , came back damaged / not as it was received

mr-smith

I sent an item of jewellery in to the manufacturer ( watch ) to have some warranty work and slight adjustment to the bracelet ( sizing ) , The short story is it came back damaged and after first refusing to do anything have now offered to "refurbish" it close to how it was. The watch was brand new so I expect the affected parts to be replaced not refurbished.


Where do I stand wrights wise with this in that they must return my item to me as it was received to them ? I have heaps of photos date stamped the day before it was sent.

mr-smith

By the way , this is a £10,000 watch

TheTalkingDead

Date watch purchased?


Date watch sent?


Did you leave it in store to be "sent off for sizing" and take pictures in store of it or take home and send via courier.


What refurbishment process have they offered.

mr-smith

TheTalkingDead wrote: »

Date watch purchased?


Date watch sent?


Did you leave it in store to be "sent off for sizing" and take pictures in store of it or take home and send via courier.


What refurbishment process have they offered.

Date watch purchased : Oct 18


Date watch sent : November 18


Did you leave it in store to be "sent off for sizing" and take pictures in store of it or take home and send via courier. :


No , I did not notice the warranty issue until a week after purchase ( there is a 5 year warranty ). I liased direct with manufacturer as it is them who handle the warranty and requested the sizing adjustment be done while there since the bracelet would be removed for the warranty work.


I have photos showing everything from the first week of purchase and the day it was sent to them.


I have written response that they would do the sizing ensuring no damage or other alterations would be made.

What refurbishment process have they offered. :


When I pushed for information they admitted in writing that they damaged the bracelet and carried out a repair ( against my specific instructions and contrary to what they told me when it was despatched to me ( I have in writing that they first told me it would be returned exactly as received ).


Following this I had the watch returned to them for inspection , and about a month and a few missed self offered deadlines later they have proposed that they replace only the screws of the links but this would not sit the same way they do from new, I have always asked for them to fit new links.


Its hard to describe without going into masses of detail.

TheTalkingDead

mr-smith wrote: »

Date watch purchased : Oct 18


Date watch sent : November 18


Did you leave it in store to be "sent off for sizing" and take pictures in store of it or take home and send via courier. :


No , I did not notice the warranty issue until a week after purchase ( there is a 5 year warranty ). I liased direct with manufacturer as it is them who handle the warranty and requested the sizing adjustment be done while there since the bracelet would be removed for the warranty work.


I have photos showing everything from the first week of purchase and the day it was sent to them.


I have written response that they would do the sizing ensuring no damage or other alterations would be made.

What refurbishment process have they offered. :


When I pushed for information they admitted in writing that they damaged the bracelet and carried out a repair ( against my specific instructions and contrary to what they told me when it was despatched to me ( I have in writing that they first told me it would be returned exactly as received ).


Following this I had the watch returned to them for inspection , and about a month and a few missed self offered deadlines later they have proposed that they replace only the screws of the links but this would not sit the same way they do from new, I have always asked for them to fit new links.


Its hard to describe without going into masses of detail.

You do not have to accept an inferior repair, if the repair would not put you back in the same position you were in when you sent it. If the warranty repair was completed, but then another part damaged and not repairable to manufacturer specifications, then you may be entitled to a replacement. I would ring them up and talk to someone at the manufacturer (whom I assume carried out the work), and make it clear they damaged it they replace it if it cannot be restored to the condition they see in the photo's if you have given them.


Why did you not ask the jeweler to send it back under warranty?

shaun_from_Africa

TheTalkingDead wrote: »

Why did you not ask the jeweler to send it back under warranty?

The jeweler would be within their rights to refuse to get involved in anything to do with the warranty as this was something provided by the manufacturer.
The only time that the jeweler would have to get involved is if the OP was taking the watch back to them to seek a refund, repair or replacement under their statutory rights.

mr-smith

Thanks , I went direct to the manufacture as the warranty was with them not the jewellers and I had previously dealt direct with the manufacturer, the jeweller is also a 6 hour round trip away from me.

mr-smith

TheTalkingDead wrote: »

You do not have to accept an inferior repair, if the repair would not put you back in the same position you were in when you sent it. If the warranty repair was completed, but then another part damaged and not repairable to manufacturer specifications, then you may be entitled to a replacement. I would ring them up and talk to someone at the manufacturer (whom I assume carried out the work), and make it clear they damaged it they replace it if it cannot be restored to the condition they see in the photo's if you have given them.


Why did you not ask the jeweler to send it back under warranty?

Thanks this is the kind of thing im looking for info on.


Is there any written legislation or rights that I can refer to them that you know of ? as they are putting up a fight so far.

Ectophile

You have very little legal rights when it comes to warranties, because warranties are in addition to your statutory rights against the retailer.


You don't have any contract with the manufacturer either.

mr-smith

But surely there is something somewhere that they have to return it in as good a condition as it was received and not in any worse condition

DoaM

They have a duty of care for your goods ... if they won't resolve the issue amicably then you'd need to raise a claim against them in court for the reduced value of the goods due to their lack of care. You'd evidence this by a report from a suitably-qualified person giving a valuation on the goods based on expected condition and actual condition - your claim would be for the difference (plus report cost plus court fees).

You'd need to send them a Letter Before Action beforehand identifying the basis of your claim and giving them an opportunity to settle (e.g. within 14 days) prior to starting court action.

As said above, there's nothing in consumer or contract legislation that makes a manufacturer directly liable (other than duty of care as per above) unless you'd bought directly from the manufacturer.