Little help with sale of goods

Steeps · 4 Jan 2010 at 12:27

Not sure if GD is the best place for this but any help would be great.

My friend bought a B grade monitor from a retailer, a few weeks into owning it the monitor is clearly faulty losing the picture and throwing up random things on the screen, tried on a few sources and it's definitely the monitor that's dead.

Their website states that the store offers their own 14 day cover on the product and the remaining warranty is with the manufacturer, having contacted the retailer they're sticking to this and are refusing to deal with any RMA.

I thought under sale of goods that your contract was with the retailer and not the manufacturer, to add to this the product was "shop branded" and as I have not seen the product I don't know who the manufacturer is and I cannot offer advice to this person.

The rest of the warranty is still supposedly supplied with the manufacturer but it doesn't seem right to me that the retailer is palming them off when every advice site I've read suggests it's still the retailers responsibility.

alex24 · 4 Jan 2010 at 12:29

Have you asked the retailer for the manufacturer's details so you can setup an RMA?

Deleted User 234324 · 4 Jan 2010 at 12:30

Based on the product being B grade, your rights may not be as extensive, but under the sale of goods act, anything purchase must be seen to last a reasonable amount of time.

2 Weeks B grade or not is not a reasonable amount of time, so get trading standards involved if they wont budge.

Steeps · 4 Jan 2010 at 12:36

alexhull24 said:
Have you asked the retailer for the manufacturer's details so you can setup an RMA?

I've just read the note that my mate sent on the RMA request where he asked what the best course of action was (due to it being B grade) and the response he got was that it was only covered for 14 days, no other help at all from the retailer. Unfortunately he paid by debit card so can't use them for a chargeback should the retailer become anymore unhelpful.

alex24 · 4 Jan 2010 at 12:38

So no then. I'd ask them directly and if they can't help pursue it further, possibly ending in having to take legal action. An RMA will be a lot easier if you can get it.

Dolph · 4 Jan 2010 at 12:39

All the retailer has to do (initially) under SOGA is send it back to the manufacturer to repair.

By insisting you send it back to the retailer, rather than straight to the manufacturer, all you are really doing is extending the time involved by adding extra parties...

semi-pro waster · 4 Jan 2010 at 12:48

It may be worth speaking to the Citizens Advice Bureau if he gets no joy from the retailer but the primary piece of legislation in point here is the Sale Of Goods Act 1979 (as amended) and that provides that the retailer must provide goods of a satisfactory quality with regard to description, price and other relevant circumstances - now whether a few weeks is a reasonable length of time to expect a monitor to work is a matter for a court to decide but I'd suspect they'd answer in the negative bearing the above in mind.

I'd be tempted to point the retailer back to the SoGA and remind them of their obligations under it, noting that they are responsible in the first instance for dealing with the repair/refund of the faulty goods and that if they feel they have discharged all their duties on which section of the Act they seek to rely.

big_white_dog84 · 4 Jan 2010 at 13:33

That product has not lasted a reasonable amount of time, therefore the RETAILER must either replace or repair it. No matter what they say, it is not up to you to return it to the manufacturer. Your responsibility is to take it to the retailer, and they have to do everything else required until you end up with a working item.

kylew · 4 Jan 2010 at 13:44

I'm pretty sure the "14 day" stuff isn't actually legal, if a store sells you something, the normal rules apply, however, a lot of stores just put up 14 days on the basis that those who don't care enough will just accept it and shut up.

alex24 · 4 Jan 2010 at 14:00

big_white_dog84 said:
That product has not lasted a reasonable amount of time, therefore the RETAILER must either replace or repair it. No matter what they say, it is not up to you to return it to the manufacturer. Your responsibility is to take it to the retailer, and they have to do everything else required until you end up with a working item.

True, but you could spend a long time making the retailer accept this responsibility so they can RMA it for you, or you could just do it yourself. I'd rather be without the product for a shorter amount of time. It's just not worth the hassle if they won't accept it straightaway.