Trading standards and warranties (baffled)

Lighters · 2 Jan 2009 at 00:02

I looked briefly under trading standards quick facts and failed using the search at the top so here we go;

If my GPU dies within the warranty then who is responsible for repair?
Person i purchased it from?
Saphire (manufacturer)
etailer where card was originally purchased

I purchased a GPU 2nd hand with reciept and fully boxed.
The original owner got it from an etailer and sent me photocopies of reciept.
The manufacturer saphire states to contact the point of purchase and get a refund/replacement from then

JBuk · 2 Jan 2009 at 00:05

if you bought it second hand then the warranty may have possibly been transferable otherwise you have no rights

the origional contract was between the buyer and the retailer, there is no contract between you and the retailer so they can just tell you to get lost

Lighters · 2 Jan 2009 at 00:10

I contacted the etailer when i thought something was wrong and they said contact the person i purchased it from? Are they correct or just pushing me to the side?

I just read something along the lines of when you buy goods second hand, you have exactly the same rights as you do when you buy new goods. The legislation is the Sale of Goods Act 1979 then says but about their condition etc

MeatLoaf · 2 Jan 2009 at 00:13

If you got it 2nd hand in a private sale then you have no legal rights at all i dont think

How long have you had it?

Lighters · 2 Jan 2009 at 00:15

about 5 months

[TW]Fox · 2 Jan 2009 at 00:15

There exists a contract of sale between the retailer and the original purchaser ONLY. As you are not the original purchaser a receipt means nothing - there is no contract between you and the etailer. Unless Sapphire advertise a manufacturers warranty as an inherent part of the product, there is also no contract between you or the original purchaser and Sapphire either.

You are therefore out of luck. This is why second hand stuff is, or should be, a lot cheaper than new stuff.

Hades · 2 Jan 2009 at 00:17

As above there is no contract between yourself and the original retailer. Some manufacturers (not many) allow a warranty to be transferred but I doubt many retailers would.

If you buy something second hand then the likelihood is there is no warranty (despite what the seller says) and the price you are prepared to pay should be dependant on this.

Lighters · 2 Jan 2009 at 00:18

ok thanks a lot TW FOX

and everyone else, well glad it works haha - i just wanted to see if i have anything to fall back on if it dies

fini · 2 Jan 2009 at 00:19

When it says second hand it's referring to buying it second-hand in a shop in which case you'd still have privity of contract.

Manufacturer's warranties are a bit rubbish. Read the warranty information itself. Manufacturer's are not obliged to give such warranties and, as such, can craft their own terms.

Buying from a private individual, when they are not selling you the items in the course of their business, will mean that SoGA will never apply. Caveat emptor, rather, will be the guiding principle of such a sale.

Can I ask however whether the item has in fact broken and if so under what circumstances?

EDIT: For the sake of completeness I'd point out that you may possibly, the highly unlikely, be able to rely on the original purchaser's contract with the etailer. The Contracts (Rights of Third Parties) Act allows for third-parties to claim rights under contracts that they are not a party to in two situations. They are that:
1. The contract says you can
2. The contract confers a benefit upon you
I'd highly doubt either of those situations would apply to you, but I thought I'd make sure the answer was complete.

Lighters · 2 Jan 2009 at 00:30

ok thanks fini - it hasnt broken so i cant say. If it was to break it would be under failure of its own ie being defective

[TW]Fox · 2 Jan 2009 at 00:35

Hades said:
If you buy something second hand then the likelihood is there is no warranty (despite what the seller says) and the price you are prepared to pay should be dependant on this.

With this in mind it often suprises me just how close to the new price people are prepared to pay for stuff in MM. I've seen a number of items which OcUK sell for £100 delivered sell for £90 second hand. Whats the point?

Hades · 2 Jan 2009 at 00:37

[TW]Fox;13194316 said:
With this in mind it often suprises me just how close to the new price people are prepared to pay for stuff in MM. I've seen a number of items which OcUK sell for £100 delivered sell for £90 second hand. Whats the point?

Completely agree. I'll buy something in the MM if I think the price is right but people buying things, even unopened, on the MM at a 'slight discount' I simply don't understand.

[TW]Fox · 2 Jan 2009 at 00:39

Hades said:
Completely agree. I'll buy something in the MM if I think the price is right but people buying things, even unopened, on the MM at a 'slight discount' I simply don't understand.

I've been trying to buy an 8800 for ages but every time one pops up somebody buys it for 30p less than OcUK have stock for and makes my offer of a fair second hand value look derisorary

SentineL-X · 2 Jan 2009 at 09:37

If it does go bang, and the original buyer paid cash, I don't see how the etailer would ever know it wasn't you that bought it originally, so you could very easily send it back as defective to get a repair/replacement.

*Not saying this is the morally right thing to do mind you. But there's nothing stopping you doing so.