Retailer won't pay for repair under the warranty

litty_uk

I bought a piece of specialist equipment from the only UK supplier of this piece of equipment back in August 2022. I only started using it in October 2022 for what I would consider to be light use.

It was bought online, paid for by a credit card and came with a 3 year warranty.

It has only even used for it's intended purpose and hasn't been dropped or knocked, but last week, while using it, a vital piece of plastic on it snapped in my hand rendering it unusable. The particular piece of plastic attaches a light source to a headband with a hinge between them to allow for adjustment of the light source. 

I have asked the vendor to repair it under the warranty, but they are telling me that this piece of plastic housing isn't covered by the warranty (in the same way that a phone screen isn't) and that I would not only have to pay for the repair but also for all postage costs.

Ideally I would like the repair to be carried out under the warranty and for postage costs to be covered by the vendor (or at least the return costs as they are wanting to use their preferred courier which costs twice the price of Royal Mail!) 

Where do I stand here? 

screech_78

You need to read the terms of the warranty. Your rights under this are whatever the terms say they are. Remember a warranty is in addition to your statutory rights and can have any terms it wants. 

If you want to exercise your consumer rights, you need to do so via the retailer. Given the timescales, what was the exact date of purchase and the exact date that you contacted them to let them know of the fault? This is really going to matter due to the 6 month burden of proof. 

powerful_Rogue

Was this a business purchase or a purchase for business use?

litty_uk

screech_78 said:

You need to read the terms of the warranty. Your rights under this are whatever the terms say they are. Remember a warranty is in addition to your statutory rights and can have any terms it wants. 

If you want to exercise your consumer rights, you need to do so via the retailer. Given the timescales, what was the exact date of purchase and the exact date that you contacted them to let them know of the fault? This is really going to matter due to the 6 month burden of proof. 

There were no specified terms of the warranty. It just said "3 years for any component defect

or manufacturing failure".

I paid for it on 18th August 2022 and contacted them on the day it broke which was 17th February 2023.

litty_uk

powerful_Rogue said:

Was this a business purchase or a purchase for business use?

It was purchased for business use, but I'm a sole trader. 

MattMattMattUK

litty_uk said:

screech_78 said:

You need to read the terms of the warranty. Your rights under this are whatever the terms say they are. Remember a warranty is in addition to your statutory rights and can have any terms it wants. 

If you want to exercise your consumer rights, you need to do so via the retailer. Given the timescales, what was the exact date of purchase and the exact date that you contacted them to let them know of the fault? This is really going to matter due to the 6 month burden of proof. 

There were no specified terms of the warranty. It just said "3 years for any component defect

or manufacturing failure".

I paid for it on 18th August 2022 and contacted them on the day it broke which was 17th February 2023.

They likely consider it neither.

litty_uk said:

powerful_Rogue said:

Was this a business purchase or a purchase for business use?

It was purchased for business use, but I'm a sole trader. 

As it was purchased for business use you have to consumer rights against the retailer. Does the warranty say anything about commercial use? 

powerful_Rogue

litty_uk said:

powerful_Rogue said:

Was this a business purchase or a purchase for business use?

It was purchased for business use, but I'm a sole trader. 

Being a sole trader makes no difference, you still have no consumer rights as this was purchased for business use.

Any remedy for business transaction will be under the Sales of Goods Act.

Manxman_in_exile

litty_uk said:

I paid for it on 18th August 2022 and contacted them on the day it broke which was 17th February 2023.

It would have been the date of delivery (not payment) that would have been relevant - if you'd been a consumer - but as you bought it for use in a business, it isn't relevant at all.

litty_uk said:

screech_78 said:

You need to read the terms of the warranty. Your rights under this are whatever the terms say they are. Remember a warranty is in addition to your statutory rights and can have any terms it wants. 

If you want to exercise your consumer rights, you need to do so via the retailer. Given the timescales, what was the exact date of purchase and the exact date that you contacted them to let them know of the fault? This is really going to matter due to the 6 month burden of proof. 

There were no specified terms of the warranty. It just said "3 years for any component defect

or manufacturing failure"...

Then ask them where* does it say in the T&Cs of the warranty that the "hinge" is excluded?  And who* is giving the warranty?  The seller or the manufacturer.

Even if you have no rights as a consumer (because you bought it for business use) the item should still be fit for purpose.  Sounds like it isn't.

If you are a sole trader and you bought it on a credit card you might have a claim against your card provider.  How much did this bit of kit cost?  You might have a claim on the basis either that it should be covered by the warranty* or that it isn't fit for purpose.


*If you want to claim under the warranty you need to understand what the warranty covers and whether you are claiming under the warranty against the seller or the manufacturer.