rights under manufacturer warranty

foxtrotoscar_2

I think rather than refusing to replace it under the 10 year warranty they were unsure it was broken and wouldn't replace it and when they realised it was broken did so, that does seem reasonable.

Carrot007

Chrysalis wrote: »

whats the something something?

(filler becuase the site hates small answers.)

Carrot007

Aylesbury_Duck wrote: »

I thought that there was a legal obligation, based on the fact that the warranty is a feature of the product that helped sell it? Happy to be corrected if I'm wrong.

Yes but you can only hold the seller to this.


So go back to the seller and say samsung refuse to honour the warranty they sold and see what they say.


They may ask for proof they said this when you bought.


They may side with samsung as an expert.


No saying you are in the wrong just saying it's gonna be hard. And maybe costly. And the price has come down a lot for better.

born_again

Chrysalis wrote: »

I cannot find answers to the following questions.

Does section 75 have an expiry date?

6 Years

Chrysalis wrote: »

Does section 75 have any meaning on manufacturer warranties? (not retailer warranty).

If they have breached contract or misrepresentation of said contract. You would have to prove.

Chrysalis wrote: »

If section 75 has no meaning, and a manufacturer claims a broken device isnt broken what power do I have as a consumer to force the manufacturer into action?
If the manufacturer is overseas, are UK consumer laws king?

Well for S75 you would have to prove the issue (3rd party report) Pretty much the same as you would with the retailer.
So you would need to take it a legal route. Small claims etc.

Chrysalis

foxtrotoscar wrote: »

I think rather than refusing to replace it under the 10 year warranty they were unsure it was broken and wouldn't replace it and when they realised it was broken did so, that does seem reasonable.

My reasoning is different, the approach seems to be they only consider something broken when it is 100% non functioning, if it can be used albeit only some of the time and at a reduced capacity its considered not broken. Thats the impression I got from my dialogue with them.

I dont know how you could be unsure it was broken. It was clearly not operating in its normal capacity, and when it was first returned they were unable to provide "any" explanation for the behaviour.

They ended up paying an extra round of shipping both ways because of their stubbornness.

However my answer has been given, I now know where I stand on manufacturer warranties and wont put as much value on them in future.

unholyangel

Chrysalis wrote: »

So which of these 3 scenarios applies?

1 - Retailer has to honour manufacturer warranty go to retailer.
2 - Manufacturer has to honour its own warranty go to manufacturer.
3 - Manufacturer Warranties are not recognised legally in the UK, and its a goodwill gesture only, tough luck.

2. The manufacturer is the one offering the warranty so its binding on them. Although the warranty cannot be used to lessen your statutory rights (guarantee operating as an exclusion clause).

Bear in mind a warranty can be offered on pretty much any terms they see fit as it is in addition to your statutory rights. So if they only want to offer refurbs or partial refunds or only want to cover goods that are completely broken etc, they can.

Chrysalis

Right, trying to get a consistent answer here as we have gone from been goodwill only to now been binding.

I understand a manufacturer warranty doesnt need to match the legal retail warranty.

For reference I did look at samsung's t&c for their manufacturer warranty on SSD's.

There is things there that one might expect, for e.g. if you buy a consumer SSD and they find you use it in a manner that a business would use it then you void the warranty, if you package it incorrectly when returning it to samsung, then you void the warranty. I couldnt find anything related to how broken the product has to be to be deemed covered, it doesnt say either way, its simply not defined. But what it does say is that samsung have sole discretion in deciding if a product is damaged. Which obviously pretty much allows them to do what they want hence my queries on legal obligations.

It sounds like if a warranty offer is made it is binding, but if I understand you right, the way that warranty is covered can be anything the manufacturer wants. There is no minimum legal standard, have I understood that right?

unholyangel

Chrysalis wrote: »

Right, trying to get a consistent answer here as we have gone from been goodwill only to now been binding.

I understand a manufacturer warranty doesnt need to match the legal retail warranty.

For reference I did look at samsung's t&c for their manufacturer warranty on SSD's.

There is things there that one might expect, for e.g. if you buy a consumer SSD and they find you use it in a manner that a business would use it then you void the warranty, if you package it incorrectly when returning it to samsung, then you void the warranty. I couldnt find anything related to how broken the product has to be to be deemed covered, it doesnt say either way, its simply not defined. But what it does say is that samsung have sole discretion in deciding if a product is damaged. Which obviously pretty much allows them to do what they want hence my queries on legal obligations.

It sounds like if a warranty offer is made it is binding, but if I understand you right, the way that warranty is covered can be anything the manufacturer wants. There is no minimum legal standard, have I understood that right?

http://www.legislation.gov.uk/ukpga/2015/15/section/30/enacted


And yes, no minimum legal standard. They don't need to provide one at all. Just consumers may not have any confidence in a brand that didn't offer one.

mije1983

Chrysalis wrote: »

if I understand you right, the way that warranty is covered can be anything the manufacturer wants. There is no minimum legal standard, have I understood that right?

Yes as it is above and beyond your legal rights. They don't have to offer a warranty at all if they decide not to.

So if Samsung offered the warranty on condition that you had to turn up outside their office in South Korea holding 2 golden eagles and singing the national anthem while standing on one leg, then that is what you would have to do.

Obviously my example is far fetched, but you get my meaning.