Manufacturer warranties.

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miserable_ol_so_n_so
miserable_ol_so_n_so Posts: 496 Forumite
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in Consumer rights
Help please. I purchased a bathroom fan. It had a manufacturers 2 year warranty. I registered the warranty. The warranty specified return to manufacturer to claim. The fan failed within the warranty period so I returned it as per the terms. The manufacturer refused to replace it stating my contract was with the seller not with them!

The seller has stopped trading.

I want to take the manufacturer to the small claims court.

Do I have a case against the manufacturer?
....Illegitimi non carborundum

...don't let the illegitimate ones grind you down....
«134567

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  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    Some manufacturers warranties require you to return the faulty item to them via the original selling dealer. Does the one you have state this?
  • miserable_ol_so_n_so
    miserable_ol_so_n_so Posts: 496 Forumite
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    shaun_from_Africa wrote: »
    Some manufacturers warranties require you to return the faulty item to them via the original selling dealer. Does the one you have state this?

    Thanks for your reply. I will look this up in a mo.
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
  • miserable_ol_so_n_so
    miserable_ol_so_n_so Posts: 496 Forumite
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    shaun_from_Africa wrote: »
    Some manufacturers warranties require you to return the faulty item to them via the original selling dealer. Does the one you have state this?

    No such stipulation. It simply states return to manufacturer. The manufacturer is in Italy, but it has their representative in UK whose address is provided on their literature, in extremely small print, all the worldwide addresses on one sheet!. That is where I sent it.

    I did contact the supplier, an Ebay merchant. The merchant did agree to refund but made none. The merchant has since stopped trading though his ID is still listed on Ebay. Email correspondence is returned with merchant out of office till June 2019 message!

    I think my options are : 1 to pursue the manufacturer, or both the manufacturer and the merchant in court. 2, contact Ebay, 3. Paypal.

    The other thing is that the item was purchased in 2012! However the crucial thing is that failed within the guarantee period and was returned as per the guarantee conditions, to the manufacturer within the guarantee period. The manufacturer did not say the item was misused or anything like that. Simply that my contract was with the supplier not with the manufacturer.
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
  • DCFC79
    DCFC79 Posts: 40,598 Forumite
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    edited 8 July 2018 at 10:23AM
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    Not sure you can bring the firm to court since they are in Italy. Have you told them the ebay seller isn't trading ?
    Not sure if it would work (other posters will advise you if possible) but could you get (via the proper channels) ebay (or whoever) to provide you with the sellers details.
  • miserable_ol_so_n_so
    miserable_ol_so_n_so Posts: 496 Forumite
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    edited 8 July 2018 at 10:36AM
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    DCFC79 wrote: »
    Not sure you can bring the firm to court since they are in Italy. Have you told them the ebay seller isnt trading ?

    The unit is manufactured in Italy, but the manufacturer is represented in UK. It is still selling fans in UK. If needs be, I am prepared to take them to a European Union court. My understanding is that any electrical item sold in the EU is guaranteed for 6 years against manufacturing faults.
    The customer has to prove that it was a manufacturing fault. This can simply be a written report by a Service Engineer stating that since the item was used in accordance with user instructions, the failure must be a manufacturing defect.

    The manufacturers representative by the way has disposed of the returned unit!

    I will check whether or not I have informed them of the trader ceasing to trade. Am pretty sure though that I have told them that no refund has been received.

    I did inform them that I have not received a reply from the seller.
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
  • DCFC79
    DCFC79 Posts: 40,598 Forumite
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    miserable_ol_so_n_so wrote: »
    The unit is manufactured in Italy, but the manufacturer is represented in UK. It is still selling fans in UK. If needs be, I am prepared to take them to a European Union court. My understanding is that any electrical item sold in the EU is guaranteed for 6 years against manufacturing faults.
    The customer has to prove that it was a manufacturing fault. This can simply be a written report by a Service Engineer stating that since the item was used in accordance with user instructions, the failure must be a manufacturing defect.

    The manufacturers representative by the way has disposed of the returned unit!

    I will check whether or not I have informed them of the trader ceasing to trade. Am pretty sure though that I have told them that no refund has been received.


    Yes I missed where you said they had a representative in the UK.


    Yes I'm aware you need to prove it was a manufacturing fault.
    So they have disposed of the unit you returned.
  • miserable_ol_so_n_so
    miserable_ol_so_n_so Posts: 496 Forumite
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    edited 8 July 2018 at 10:55AM
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    DCFC79 wrote: »
    Yes I missed where you said they had a representative in the UK.


    Yes I'm aware you need to prove it was a manufacturing fault.
    So they have disposed of the unit you returned.

    Yes they have told me that they have got rid of it.
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
  • derrick
    derrick Posts: 7,424 Forumite
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    miserable_ol_so_n_so wrote: »
    The unit is manufactured in Italy, but the manufacturer is represented in UK. It is still selling fans in UK. If needs be, I am prepared to take them to a European Union court. My understanding is that any electrical item sold in the EU is guaranteed for 6 years against manufacturing faults.
    The customer has to prove that it was a manufacturing fault. This can simply be a written report by a Service Engineer stating that since the item was used in accordance with user instructions, the failure must be a manufacturing defect.

    The manufacturers representative by the way has disposed of the returned unit!

    I will check whether or not I have informed them of the trader ceasing to trade. Am pretty sure though that I have told them that no refund has been received.

    I did inform them that I have not received a reply from the seller.




    Nothing in the EU is "guaranteed" for 6 years, in the EU you have "up to 2 years" to make a claim, and in the UK you have "up to 6 years" to make a claim.




    .
    Don`t steal - the Government doesn`t like the competition


  • derrick
    derrick Posts: 7,424 Forumite
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    miserable_ol_so_n_so wrote: »
    No such stipulation. It simply states return to manufacturer. The manufacturer is in Italy, but it has their representative in UK whose address is provided on their literature, in extremely small print, all the worldwide addresses on one sheet!. That is where I sent it.

    I did contact the supplier, an Ebay merchant. The merchant did agree to refund but made none. The merchant has since stopped trading though his ID is still listed on Ebay. Email correspondence is returned with merchant out of office till June 2019 message!

    I think my options are : 1 to pursue the manufacturer, or both the manufacturer and the merchant in court. 2, contact Ebay, 3. Paypal.

    The other thing is that the item was purchased in 2012! However the crucial thing is that failed within the guarantee period and was returned as per the guarantee conditions, to the manufacturer within the guarantee period. The manufacturer did not say the item was misused or anything like that. Simply that my contract was with the supplier not with the manufacturer.






    How long has the manufacturer had it back? That is 6 years ago.


    .
    Don`t steal - the Government doesn`t like the competition


  • miserable_ol_so_n_so
    miserable_ol_so_n_so Posts: 496 Forumite
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    derrick wrote: »
    Nothing in the EU is "guaranteed" for 6 years, in the EU you have "up to 2 years" to make a claim, and in the UK you have "up to 6 years" to make a claim.




    .

    Thanks. My problem though is that even though the fan failed within the guarantee period, and I returned it promptly within the guarantee period, in full compliance of the terms of the guarantee, the manufacturer is refusing to make amends.
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
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