rights under manufacturer warranty

Chrysalis · 9 September 2019 at 2:25AM

Most consumer rights information sites seem to heavily concentrate on the retailer.

I cannot find answers to the following questions.

Does section 75 have an expiry date?
Does section 75 have any meaning on manufacturer warranties? (not retailer warranty).
If section 75 has no meaning, and a manufacturer claims a broken device isnt broken what power do I have as a consumer to force the manufacturer into action?
If the manufacturer is overseas, are UK consumer laws king?

unholyangel · 9 September 2019 at 6:52AM

You have no contract with the manufacturer - thats why consumer rights focus on the retailer.

Section 75 gives you the same rights against the creditor as you have against the retailer.

A warranty can be binding, but on the party that offered it.

Why are you chasing the manufacturer rather than the retailer?

JJ_Egan · 9 September 2019 at 8:46AM

Warranty is basically a goodwill extra subject to its own terms and conditions .

<If the manufacturer is overseas, are UK consumer laws king?>>
They are anyway if the vendor is in the UK .

<manufacturer claims a broken device isnt broken what power do I have as a consumer to force the manufacturer into action?>

Very little as your rights under Consumer Law are against the vendor .
Though nothing to stop you complaining to the manufacturer .

Chrysalis · 10 September 2019 at 4:24PM

unholyangel wrote: »

You have no contract with the manufacturer - thats why consumer rights focus on the retailer.

Section 75 gives you the same rights against the creditor as you have against the retailer.

A warranty can be binding, but on the party that offered it.

Why are you chasing the manufacturer rather than the retailer?

Because its a 10 year manufacturer warranty well outside of the retail warranty period.

So clarification.

Product brought from retailer.
On all advertising from the product, from promotional campaigns, to packaging manufacturer (Samsung) offers 10 year warranty on product. This obviously gives them sales as people will assume they have some kind of protection for 10 years if product breaks due to manufacturing defect. On product page on the retailer, some mention it some dont, amazon uk e.g. dont.

So which of these 3 scenarios applies?

1 - Retailer has to honour manufacturer warranty go to retailer.
2 - Manufacturer has to honour its own warranty go to manufacturer.
3 - Manufacturer Warranties are not recognised legally in the UK, and its a goodwill gesture only, tough luck.

Chrysalis · 10 September 2019 at 4:25PM

JJ_Egan wrote: »

Warranty is basically a goodwill extra subject to its own terms and conditions .

<If the manufacturer is overseas, are UK consumer laws king?>>
They are anyway if the vendor is in the UK .

<manufacturer claims a broken device isnt broken what power do I have as a consumer to force the manufacturer into action?>

Very little as your rights under Consumer Law are against the vendor .
Though nothing to stop you complaining to the manufacturer .

So basically a manufacturer warranty means nothing in terms of legal obligation?

I think people have looked at my question as if its strange, you guys have never brought a product before which has a manufacturer warranty, that extends past retail warranty? If this has no legal bearing the consumer sites should most definitely mention it to warn people to not be fooled by these non legally binding terms. As make no mistake this is common practice to have manufacturer warranties on electrical goods. So for a consumer site to not address "common practice" is stupid.

Carrot007 · 10 September 2019 at 4:32PM

Chrysalis wrote: »

So basically a manufacturer warranty means nothing in terms of legal obligation?

Yes. (something something).

Chrysalis · 10 September 2019 at 4:42PM

whats the something something?

I am sat here scratching my head wondering how this has simply been accepted, so I could sell something claiming 100 year warranty, and then do nothing and no one can make a legal claim against me, and meanwhile I sell a million because people think they have a lifetime warranty against failure.

Thanks for the heads up, I will contact these sites to ask them to add a warning, as I think simply not mentioning is not the right way to go, not mentioning it doesnt inform people that there is no legal rights from a manufacturer warranty.

NCC-1701 · 10 September 2019 at 4:43PM

What is it that you 'brought'? Why is there a difference of opinion as to it being broken or not?

k3lvc · 10 September 2019 at 4:47PM

I've had a Miele washer/dryer with 10yr warranty - no issues at all in terms of exercising this direct with Miele (and no need to involve retailer in any way)

What exactly is your issue with the Samsung appliance and who are you talking to to get it resolved (and, as required by some, did you register the warranty after you bought the product ?)

Chrysalis · 10 September 2019 at 4:47PM

Its a samsung 850 pro SSD. (computer flash storage component).

These come with a manufacturer 10 year warranty of either 10 years or a certain usage limit. Whichever comes first.

They have actually now backed down and are honouring the warranty, but there "was" a difference of opinion, and googling shows others have had the same issues with samsung as well.

Initially it had early signs of failure and had symptoms like degraded performance, errors when in operation, and randomly not working at all (requiring power cycles, akin to have to try to get your tv to work having to power cycle it again and again).

They refused to accept it as faulty, but then when it completely failed which was obviously inevitable they backed down.

Samsung dont require registration (just proof of purchase during claim), I spoke to their EU flash memory department based in holland.

Aylesbury_Duck · 10 September 2019 at 4:54PM

I thought that there was a legal obligation, based on the fact that the warranty is a feature of the product that helped sell it? Happy to be corrected if I'm wrong.

rights under manufacturer warranty

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