Faulty product responsibility

forum_member

I purchased a graded kitchen appliance with a 12 month warranty. I have now had the product for 7 months, but only just had it installed. After 2 days the product developed a fault.
I contacted the warranty company who sent out an engineer. He didn't have to the correct parts with him, so just told me to get it replaced. The warranty company gave me a code to give to the retailer to get the item replaced, but the retailer does not sell new items, so cannot do this. I told the warranty company this, so they told me to contact the manufacturer. The manufacturer said there is nothing they can do, so I need to contact the retailer. I just seem to be going round in circles 
As the product was bought more than 6 months ago, whose responsibility is it (if any), and can I insist that it gets repaired?

bris

It's the retailers resposibility as thats who your contract is with.

As it's been over 6 months though you need to prove the fault was inherent at time of purchase.

I would assume as it was a graded, probably second hand item you might find that hard to do and even though you just installed it the retailer may find that hard to believe.

But you do have rights, so give the retailer the details and see what they do.

sheramber

 but the retailer does not sell new items, 

You bought a graded item does that mean it was not a new one?  If not,  then you are entitled to an equivalent item, not a new one.   

What does the warranty say about being unable to repair an item?

forum_member

Hi sheramber,
When I log into my account on the manufacturers site, it state that my product is guaranteed for 2 years, and the benefits include A brand new appliance if we replace yours.
If I download the actual warranty certificate, then it states...
Your appliance is guaranteed against the cost of breakdown for 12 months from the date of purchase. The guarantee does not, in any way, diminish your statutory or legal rights.
WHAT IS COVERED
 · Repair costs if your products break down

P.S. If it turns out that my product was not new, I do appreciate that I would not be entitled to a new one. Basically, I just want it fixed.

Manxman_in_exile

sheramber said:

 but the retailer does not sell new items, 

You bought a graded item does that mean it was not a new one?  If not,  then you are entitled to an equivalent item, not a new one.   

What does the warranty say about being unable to repair an item?

As above.

If you bought the graded/used/second-hand appliance and the warranty from the same retailer, then the warranty company needs to sort this out with the retailer so that the retailer provides you with the nearest equivalent replacement*.

You are entitled to an equivalent replacement - not a brand new appliance.

*Or the warranty company needs to arrange a repair.  But it sounds like their repair agent has said to replace it?  You need to get the warranty company to deal with this either way...

NB - it might be helpful if you checked the terms of the warranty to see what you are entitled to under its terms.

forum_member

Hi Manxman_in_exile,
The warranty T&C's just states Repair costs if your products break down

The most annoying thing so far is that you can't phone the manufacturer, you just get routed to the warranty company 

forum_member

Forgot to mention that the 12 month warranty it came with, was a manufacturers warranty.

Manxman_in_exile

But the warranty company have accepted it's their responsibilty to arrange a replacement by giving you a voucher to give to the retailer?  Yes?

Well I think you can either (1) explain to the retailer that the voucher entitles you to get a replacement equivalent appliance from him, and he can redeem the voucher with the warranty company, or (2) you can ask the warranty company to explain the situation to the retailer.

The only two problems I foresee are first, that the retailer may not be able to provide a replacement, and second, that the warranty doesn't entitle you to a replacement, only a repair.  In the first case you need to get the warranty company to sort it out.  In the second case, you need to get them to repair it.

(This all assumes you only go down the warranty route and not the consumer rights route.  As others have said, consumer rights might be a bit more difficult to enforce with second-hand goods bought more than 6 months ago).

forum_member

Hi Manxman_in_exile,
Yes, the warranty company have already issued a 'replacement' voucher, but the retailer is saying they are unable to use it.
I have sent another email to the retailer, so I'll have to wait until they replay to see what they say this time.
With regards to the repair, I was/am more than happy just to have it repaired, but TBH the engineer didn't seem that bothered and just said to get it repaired (it was late in the day!).
I had to laugh when you said consumer rights might be a bit more difficult. I already feel like I've run a half marathon 
Thanks for all your great advice

bris

A graded item,  to me means an unofficial retailer. The voucher would allow a retailer like Currys to give you a new machine and claim credit back from the manufacture.

If your retailer Doesn't have an account with the manufacture then  they will not honour the warranty as it wasn't purchased through an official seller.

You need to focus on your rights from the retailer rather than the manufacture.

MalMonroe

Hi, this info may help -

https://www.which.co.uk/consumer-rights/advice/what-are-my-rights-when-buying-second-hand-goods-apeuz1f3nYUK

Even if the goods aren't brand new you still have rights under the Consumer Rights Act 2015.

And you need to chase the retailer, since it is their responsibility to get the appliance fixed.