No warranty on 4 month old microwave?

knightstyle

So we bought a Caple microwave from a local kitchen installer.  It was a cash sale and they said they were clearing their warehouse out.  So the add said " Ex stock, still in unopened box,  No returns,  No warranty."
It is now faulty and the manufacturers say they will only come out under the two year warranty if I have a receipt which the kitchen company will not give me.
What should I do?

born_again

Warranty is subject to manufactures terms.

Consumer rights are against the retailer.

Not sure if no returns would be legal.

Aylesbury_Duck

The "no returns" bit isn't lawful, but no warranty is perfectly lawful.  Cash sale doesn't affect your rights, either.

Go back to the kitchen installer.  They're the ones that have to meet your consumer rights.

Keep_pedalling

They are quite expensive MWs how much did you pay for it? 

knightstyle

I paid £75 

Aylesbury_Duck

"NO RETURNS" is fine if they're referring to change of mind and you're buying in-person, but that can't undermine your statutory right to return it if it's faulty.

GDB2222

Caple microwaves are typically £300-400. The OP paid £75, which is comparable to a secondhand price. Does that affect the OP's rights? 

To put it another way, what is the reasonable life expectancy for a microwave being bought for 20% of normal price?  

Okell

knightstyle said:

So we bought a Caple microwave from a local kitchen installer.  It was a cash sale and they said they were clearing their warehouse out.  So the add said " Ex stock, still in unopened box,  No returns,  No warranty."...

Was this local kitchen installer someone who normally only sells within the trade?  Were they aware you were a consumer* and not a trade buyer?

It shouldn't make any difference to your statutory consumer rights but you might have to argue the point with the seller.

There is a legal presumption that any consumer purchase that fails within 6 months of purchase was inherently faulty in some way unless the seller can prove otherwise.  As a consumer you are entitled to a free repair or free replacement.  If the repair/replacement fails you are entitled to a refund.  If the seller is unable to repair or replace in the first instance, you are entitled to a refund.


* Definition of a "consumer" from the Consumer Rights Act 2015:  "... an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession."

Alderbank

GDB2222 said:

Caple microwaves are typically £300-400. The OP paid £75, which is comparable to a secondhand price. Does that affect the OP's rights? 

To put it another way, what is the reasonable life expectancy for a microwave being bought for 20% of normal price?  

Affect the OP's rights? Perhaps, to a limited extent.

s9 of CRA (Goods to be of satisfactory quality) says

The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of...the price or other consideration for the goods (if relevant), and...all the other relevant circumstances.

I think the intention there is that an item which costs £50 to manufacture might be better quality than one which costs £500 to make. Retail price however depends on all sorts of other factors, hence the (if relevant).

what is the reasonable life expectancy for a microwave being bought for 20% of normal price?  

That's a trick question, isn't it? The answer is 'exactly the same.'

Consider two identical microwaves made in succession on the same production line. One gets sent to AO, the other to Harrods. AO sells theirs for £100, Harrods sells theirs for £150. How much longer is the life expectancy of the one sold by Harrods?

A retailer promotes that their 1000th customer will get their purchase for 1% of the normal price. That customer buys a microwave, normal price £100, for £1. How much has the life expectancy changed? It was bought for only 1% of normal price.

user1977

GDB2222 said:

To put it another way, what is the reasonable life expectancy for a microwave being bought for 20% of normal price?  

If it's a high-end product I don't see that the fact you get it for a bargain price ought to imply anything about the quality. Unless the retailer is arguing that it is actually used or damaged in some way (but they'd need to have explicitly disclosed that).

GDB2222

Alderbank said:

GDB2222 said:

Caple microwaves are typically £300-400. The OP paid £75, which is comparable to a secondhand price. Does that affect the OP's rights? 

To put it another way, what is the reasonable life expectancy for a microwave being bought for 20% of normal price?  

Affect the OP's rights? Perhaps, to a limited extent.

s9 of CRA (Goods to be of satisfactory quality) says

The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of...the price or other consideration for the goods (if relevant), and...all the other relevant circumstances.

I think the intention there is that an item which costs £50 to manufacture might be better quality than one which costs £500 to make. Retail price however depends on all sorts of other factors, hence the (if relevant).

what is the reasonable life expectancy for a microwave being bought for 20% of normal price?  

That's a trick question, isn't it? The answer is 'exactly the same.'

Consider two identical microwaves made in succession on the same production line. One gets sent to AO, the other to Harrods. AO sells theirs for £100, Harrods sells theirs for £150. How much longer is the life expectancy of the one sold by Harrods?

A retailer promotes that their 1000th customer will get their purchase for 1% of the normal price. That customer buys a microwave, normal price £100, for £1. How much has the life expectancy changed? It was bought for only 1% of normal price.

It's not really a trick question. I'd expect the same quality goods from AO or Harrods, and the price differential of 50% represents a reasonable difference based on customer service, bricks and mortar store,  etc. 

Here we have the AO price being 5 times the warehouse sale price. I'd hope, if the microwave had been fitted in a customer's kitchen and then removed, that the description would explain that. It's possible that the rest of the website (that we haven't seen) explains why a firm of kitchen fitters would have these items in their warehouse in the first place. I agree that, without any such warning, the OP is entitled to assume they were getting new goods. However, I do wonder whether that's actually the case?