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  • FIRST POST
    • miserable_ol_so_n_so
    • By miserable_ol_so_n_so 8th Jul 18, 8:54 AM
    • 492Posts
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    miserable_ol_so_n_so
    Manufacturer warranties.
    • #1
    • 8th Jul 18, 8:54 AM
    Manufacturer warranties. 8th Jul 18 at 8:54 AM
    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....
Page 1
    • shaun from Africa
    • By shaun from Africa 8th Jul 18, 9:47 AM
    • 10,425 Posts
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    shaun from Africa
    • #2
    • 8th Jul 18, 9:47 AM
    • #2
    • 8th Jul 18, 9:47 AM
    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
    • By miserable_ol_so_n_so 8th Jul 18, 9:50 AM
    • 492 Posts
    • 100 Thanks
    miserable_ol_so_n_so
    • #3
    • 8th Jul 18, 9:50 AM
    • #3
    • 8th Jul 18, 9:50 AM
    Some manufacturers warranties require you to return the faulty item to them via the original selling dealer. Does the one you have state this?
    Originally posted by shaun from Africa
    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
    • By miserable_ol_so_n_so 8th Jul 18, 10:10 AM
    • 492 Posts
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    miserable_ol_so_n_so
    • #4
    • 8th Jul 18, 10:10 AM
    • #4
    • 8th Jul 18, 10:10 AM
    Some manufacturers warranties require you to return the faulty item to them via the original selling dealer. Does the one you have state this?
    Originally posted by shaun from Africa
    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
    • By DCFC79 8th Jul 18, 10:21 AM
    • 32,966 Posts
    • 20,759 Thanks
    DCFC79
    • #5
    • 8th Jul 18, 10:21 AM
    • #5
    • 8th Jul 18, 10:21 AM
    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.
    Last edited by DCFC79; 08-07-2018 at 10:23 AM.
    • miserable_ol_so_n_so
    • By miserable_ol_so_n_so 8th Jul 18, 10:32 AM
    • 492 Posts
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    miserable_ol_so_n_so
    • #6
    • 8th Jul 18, 10:32 AM
    • #6
    • 8th Jul 18, 10:32 AM
    Not sure you can bring the firm to court since they are in Italy. Have you told them the ebay seller isnt trading ?
    Originally posted by DCFC79
    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.
    Last edited by miserable_ol_so_n_so; 08-07-2018 at 10:36 AM. Reason: added info
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
    • DCFC79
    • By DCFC79 8th Jul 18, 10:38 AM
    • 32,966 Posts
    • 20,759 Thanks
    DCFC79
    • #7
    • 8th Jul 18, 10:38 AM
    • #7
    • 8th Jul 18, 10:38 AM
    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.
    Originally posted by miserable_ol_so_n_so

    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
    • By miserable_ol_so_n_so 8th Jul 18, 10:43 AM
    • 492 Posts
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    miserable_ol_so_n_so
    • #8
    • 8th Jul 18, 10:43 AM
    • #8
    • 8th Jul 18, 10:43 AM
    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.
    Originally posted by DCFC79
    Yes they have told me that they have got rid of it.
    Last edited by miserable_ol_so_n_so; 08-07-2018 at 10:55 AM. Reason: reworded post
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
    • derrick
    • By derrick 8th Jul 18, 10:47 AM
    • 7,127 Posts
    • 2,330 Thanks
    derrick
    • #9
    • 8th Jul 18, 10:47 AM
    • #9
    • 8th Jul 18, 10:47 AM
    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.
    Originally posted by miserable_ol_so_n_so



    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
    • By derrick 8th Jul 18, 10:50 AM
    • 7,127 Posts
    • 2,330 Thanks
    derrick
    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.
    Originally posted by miserable_ol_so_n_so





    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
    • By miserable_ol_so_n_so 8th Jul 18, 10:50 AM
    • 492 Posts
    • 100 Thanks
    miserable_ol_so_n_so
    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.




    .
    Originally posted by derrick
    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....
    • miserable_ol_so_n_so
    • By miserable_ol_so_n_so 8th Jul 18, 10:52 AM
    • 492 Posts
    • 100 Thanks
    miserable_ol_so_n_so
    How long has the manufacturer had it back? That is 6 years ago.


    .
    Originally posted by derrick
    I sent it in 2014, when it failed.
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
    • camelot1971
    • By camelot1971 8th Jul 18, 10:59 AM
    • 914 Posts
    • 1,410 Thanks
    camelot1971
    You waited FOUR years to post here?
    • miserable_ol_so_n_so
    • By miserable_ol_so_n_so 8th Jul 18, 11:02 AM
    • 492 Posts
    • 100 Thanks
    miserable_ol_so_n_so
    You waited FOUR years to post here?
    Originally posted by camelot1971
    Thank you for your reply. Yes, it has taken me that long as I have other higher priority items to deal with.
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
    • waamo
    • By waamo 8th Jul 18, 11:18 AM
    • 4,740 Posts
    • 6,128 Thanks
    waamo
    How much was this fan?
    This space for hire.
    • miserable_ol_so_n_so
    • By miserable_ol_so_n_so 8th Jul 18, 11:28 AM
    • 492 Posts
    • 100 Thanks
    miserable_ol_so_n_so
    How much was this fan?
    Originally posted by waamo
    20 or thereabouts. I do want my perfectly reasonable expectations of getting a replacement from this multinational giant.
    Last edited by miserable_ol_so_n_so; 08-07-2018 at 11:30 AM. Reason: reworded
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
    • derrick
    • By derrick 8th Jul 18, 11:33 AM
    • 7,127 Posts
    • 2,330 Thanks
    derrick
    20 or thereabouts. I do want my perfectly reasonable expectations of getting a replacement from this multinational giant.
    Originally posted by miserable_ol_so_n_so



    ........................




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


    • miserable_ol_so_n_so
    • By miserable_ol_so_n_so 8th Jul 18, 11:35 AM
    • 492 Posts
    • 100 Thanks
    miserable_ol_so_n_so
    ........................




    .
    Originally posted by derrick
    Whats this SPAM thing?
    ....Illegitimi non carborundum

    ...don't let the illegitimate ones grind you down....
    • derrick
    • By derrick 8th Jul 18, 11:40 AM
    • 7,127 Posts
    • 2,330 Thanks
    derrick
    Whats this SPAM thing?
    Originally posted by miserable_ol_so_n_so
    It means this is a wind up thread.

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


    • Money_Grabber13579
    • By Money_Grabber13579 8th Jul 18, 11:40 AM
    • 2,945 Posts
    • 1,451 Thanks
    Money_Grabber13579
    20 or thereabouts. I do want my perfectly reasonable expectations of getting a replacement from this multinational giant.
    Originally posted by miserable_ol_so_n_so


    And you are going to take the manufacturer to a European court over 20? How many thousands will that cost?
    Northern Ireland club member No 382
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