Ratailer refuses to honour manufacturer's warranty, instead offers refund, after price increase

ipanel

Hi, I've searched around, spoken to the manufacturer, Amazon, and the retailer, and have no real clarity as yet.

3 months ago I bought a mobile air conditioner from a retailer selling through Amazon. I bought it for £700, and it's now selling on Amazon for £950 (or £980 direct from manufacturer), so in 3 months it has gone up in price by £250.
The device has since developed a fault.

After much communication with the manufacturer, they have said it's a warranty return issue, and given me a reference under which to return it to the retailer for a warranty return.

The retailer, who sells through Amazon, has said they don't have any stock, and *only* offer a refund.  They refuse to take part in facilitating a manufacturer warranty return.  As the refund would leave me £250 short of being able to replace the item, this is clearly less than ideal.

Is the retailer legally, and, contractually with the manufacturer, allowed to refuse to facilitate honouring a manufacturer warranty?  Do I really just have to take the effective £250 loss on the chin?

la531983

You havent made a £250 loss, you have been returned to the position you were in before you had the item.

If the item had gone down in price by £250, and you received a £700 refund, would you be telling them to keep the £250?

marcia_

ipanel said:

Hi, I've searched around, spoken to the manufacturer, Amazon, and the retailer, and have no real clarity as yet.

3 months ago I bought a mobile air conditioner from a retailer selling through Amazon. I bought it for £700, and it's now selling on Amazon for £950 (or £980 direct from manufacturer), so in 3 months it has gone up in price by £250.
The device has since developed a fault.

After much communication with the manufacturer, they have said it's a warranty return issue, and given me a reference under which to return it to the retailer for a warranty return.

The retailer, who sells through Amazon, has said they don't have any stock, and *only* offer a refund.  They refuse to take part in facilitating a manufacturer warranty return.  As the refund would leave me £250 short of being able to replace the item, this is clearly less than ideal.

Is the retailer legally, and, contractually with the manufacturer, allowed to refuse to facilitate honouring a manufacturer warranty?  Do I really just have to take the effective £250 loss on the chin?

 How do you figure you have lost £250. You will be refunded exactly what you paid why would you think they should pay you more! 

 Your rights with the seller and the manufacturer warranty are not the same thing and shouldn't be confused. 

Okell

ipanel said:

... After much communication with the manufacturer, they have said it's a warranty return issue, and given me a reference under which to return it to the retailer for a warranty return.

The retailer, who sells through Amazon, has said they don't have any stock, and *only* offer a refund.  They refuse to take part in facilitating a manufacturer warranty return...

If you are pursuing this under the manufacturer's warranty - as opposed to a claim against Amazon under the Consumer Rights Act 2015 - then it's the manufacturer who needs to sort it out - not Amazon.  Whatever arrangements there might be between amazon and the manufacturer are none of your business and you can't enforce them.

If you want to deal with this under warranty and if you want a replacement rather than a refund and amazon won't replace under the manufacturer's warranty, then you need to go back to the manufacturer and point out (1) Amazon won't help and (2) so far as you are concerned, amazon aren't a party to the warranty anyway and that this is between you and the manufacturer, and you want a replacement from the manufacturer - if indeed this is what the warranty actually says

It might be a good idea to check the T&Cs of the warranty to see what you are actually entitled to under it.

And if you paid £700 for it and amazon are offering a full refund, £700 is all you are entitled to.

twopenny

I'd take the money and wait.
The weather now you don't need one for 7 or 8 months.
The price increase may be due to increased demand with the exceptionally hot summer.
 Right now it's freezing and winter coming and the price could should drop and even in your favour if you keep an eye on it 

Undervalued

ipanel said:

Hi, I've searched around, spoken to the manufacturer, Amazon, and the retailer, and have no real clarity as yet.

3 months ago I bought a mobile air conditioner from a retailer selling through Amazon. I bought it for £700, and it's now selling on Amazon for £950 (or £980 direct from manufacturer), so in 3 months it has gone up in price by £250.
The device has since developed a fault.

After much communication with the manufacturer, they have said it's a warranty return issue, and given me a reference under which to return it to the retailer for a warranty return.

The retailer, who sells through Amazon, has said they don't have any stock, and *only* offer a refund.  They refuse to take part in facilitating a manufacturer warranty return.  As the refund would leave me £250 short of being able to replace the item, this is clearly less than ideal.

Is the retailer legally, and, contractually with the manufacturer, allowed to refuse to facilitate honouring a manufacturer warranty?  Do I really just have to take the effective £250 loss on the chin?

As others have said, there is no loss "effective" or otherwise!

You are getting a full refund of the purchase price plus you have had three months free use of the item! By your argument they should be charging you three months rental!!!!

the_lunatic_is_in_my_head

CRA is implied rights offering you repair/replace > reject for refund/price reduction.

Warranty is a contractual agreement bound by whatever terms it carried.

Foreseeable damages is something you claim for outside of either of those as a basic principle of contract law is the party suffering the breach should be in the position they would have had been in had that breach not occurred, although I'm not sure if the reverse burden of proof afforded under the CRA would apply so you might have to get the thing independently inspected to have some proof (on the balance of probability) that the goods do not conform to the contract.

Have you read the terms of the warranty to ensure they require you to go via the retailer? Even if they do will the manufacturer not allow as a gesture of goodwill which is possibly the easiest starting route as it's free to ask  

born_again

Okell said:

ipanel said:

... After much communication with the manufacturer, they have said it's a warranty return issue, and given me a reference under which to return it to the retailer for a warranty return.

The retailer, who sells through Amazon, has said they don't have any stock, and *only* offer a refund.  They refuse to take part in facilitating a manufacturer warranty return...

If you are pursuing this under the manufacturer's warranty - as opposed to a claim against Amazon under the Consumer Rights Act 2015 - then it's the manufacturer who needs to sort it out - not Amazon.  Whatever arrangements there might be between amazon and the manufacturer are none of your business and you can't enforce them.

If you want to deal with this under warranty and if you want a replacement rather than a refund and amazon won't replace under the manufacturer's warranty, then you need to go back to the manufacturer and point out (1) Amazon won't help and (2) so far as you are concerned, amazon aren't a party to the warranty anyway and that this is between you and the manufacturer, and you want a replacement from the manufacturer - if indeed this is what the warranty actually says

It might be a good idea to check the T&Cs of the warranty to see what you are actually entitled to under it.

And if you paid £700 for it and amazon are offering a full refund, £700 is all you are entitled to.

Given the OP said "spoken to the manufacturer, Amazon, and the retailer" This sounds like a marketplace purchase.

Agree with everyone else. Take the full refund & wait till next year to  purchase another. There will be several sales between now & next summer on Amazon when you might find one even cheaper that what you paid.

prowla

la531983 said:

You havent made a £250 loss, you have been returned to the position you were in before you had the item.

If the item had gone down in price by £250, and you received a £700 refund, would you be telling them to keep the £250?

They're saying that if they want to replace it like-for-like it'll cost them £250 more.

la531983

prowla said:

la531983 said:

You havent made a £250 loss, you have been returned to the position you were in before you had the item.

If the item had gone down in price by £250, and you received a £700 refund, would you be telling them to keep the £250?

They're saying that if they want to replace it like-for-like it'll cost them £250 more.

I know that. But they still havent made a loss.

My point was if the item was now £250 less to buy, they would hardly be telling them to "keep the change".

sheramber

Okell said:

ipanel said:

... After much communication with the manufacturer, they have said it's a warranty return issue, and given me a reference under which to return it to the retailer for a warranty return.

The retailer, who sells through Amazon, has said they don't have any stock, and *only* offer a refund.  They refuse to take part in facilitating a manufacturer warranty return...

If you are pursuing this under the manufacturer's warranty - as opposed to a claim against Amazon under the Consumer Rights Act 2015 - then it's the manufacturer who needs to sort it out - not Amazon.  Whatever arrangements there might be between amazon and the manufacturer are none of your business and you can't enforce them.

If you want to deal with this under warranty and if you want a replacement rather than a refund and amazon won't replace under the manufacturer's warranty, then you need to go back to the manufacturer and point out (1) Amazon won't help and (2) so far as you are concerned, amazon aren't a party to the warranty anyway and that this is between you and the manufacturer, and you want a replacement from the manufacturer - if indeed this is what the warranty actually says

It might be a good idea to check the T&Cs of the warranty to see what you are actually entitled to under it.

And if you paid £700 for it and amazon are offering a full refund, £700 is all you are entitled to.

Amazon may not be the retailer as the OP  refers to  ‘the seller’.
.