What happens when retailer goes bust?

Notanexpertmoneysaver

Our hob is 6 weeks outside of its 2 year warranty. It retails for just under £1000 and so I feel we have a strong argument under the consumer rights act to have it fixed for free because I would expect most reasonable people to anticipate that it would last much longer than it has. The manufacturer has offered to supply the parts free of charge but we must pay for the labour.

I've raised the CRA 2015 and been told that it only applies to the retailer who has of course gone bust! So, my question is, if the retailer goes bust does it effectively remove all of your rights under the CRA? If so, are there alternative rights that apply to the manufacturer?

It seems odd to me that an expensive piece of equipment should fail so soon and that the manufacturer has no liability whereas the retailer would likely had to have covered the cost of the repair.

Advice and experience most welcome.

Thanks

Notanexpertmoneysaver

mattyprice4004

They are correct - the liability lies solely with the retailer, save for any inclusions in the manufacturer's warranty.
Read the terms of the warranty - you're bound by these. If they state labour must be paid by you, then that's how it'll be.

Given you have no retailer to fall back on, I'd bite their hand off as they have to do nothing once you're outside of the warranty!

How did you pay?

neilmcl

Notanexpertmoneysaver wrote: »

Our hob is 6 weeks outside of its 2 year warranty. It retails for just under £1000 and so I feel we have a strong argument under the consumer rights act to have it fixed for free because I would expect most reasonable people to anticipate that it would last much longer than it has. The manufacturer has offered to supply the parts free of charge but we must pay for the labour.

I've raised the CRA 2015 and been told that it only applies to the retailer who has of course gone bust! So, my question is, if the retailer goes bust does it effectively remove all of your rights under the CRA? If so, are there alternative rights that apply to the manufacturer?

It seems odd to me that an expensive piece of equipment should fail so soon and that the manufacturer has no liability whereas the retailer would likely had to have covered the cost of the repair.

Advice and experience most welcome.

Thanks

Notanexpertmoneysaver

Against the retailer, obviously yes. You can't enforce a breach of contract against someone that no longer exists. The manufacturer have no contractual obligation to you.

Having said that, if you paid by credit car then you CC company are equally and severally liable for any breach so you can exercise your CRA rights against them and make a section 75 claim.

Aylesbury_Duck

I agree - take what they've offered. It's generous in the circumstances because you're not entitled to anything.

Had the retailer not disappeared, I'm not sure they would have covered the cost of the repair anyway. It's well outside the normal period where the onus is on the retailer to prove it wasn't an inherent fault and outside the warranty period to boot. To successfully get a replacement, repair or partial refund from the retailer would have required you to prove the fault was inherent and not something resulting from wear and tear or misuse. I don't think you'd have been any better off if the retailer was still trading.