Getting faulty electrical goods replaced?

[Mr Joshua]

Hi all,

this post is on behalf of my brother inlaw.

Basically he bought an Antec Overture II (not from ocuk) case which has a special power supply mounted at the front. The PSU went belly up so he's returned it to the shop, an email just came through saying that they have found it to be faulty and they will send it back to their supplier for a replacement/repair since he's had it longer than 30 days.

If they're going to send it back to the Netherlands (Antec) it could take over a week for him to have it back. Does the company have to send him a replacement from their stock or can they pass the buck onto Antec?

Thanks in advance.

 

[paul@]

The company you purchased the item has to do nothing whist the item is being shippe/inspected and tested by Antec in Netherlands. If Antec find the item faulty then they will send another one to the shop and giving you a choice of another one or a refund.

 

[Sequoia]

The company you purchased the item has to do nothing whist the item is being shippe/inspected and tested by Antec in Netherlands. If Antec find the item faulty then they will send another one to the shop and giving you a choice of another one or a refund.

That's not so.

The consumer has a contract with the shop, and if the goods are faulty (as has apparently been admitted in this case), then whatever arrangements the shop has with the manufacturer (or their supplier) has no bearing on the consumer. These are two totally separate contracts, and the shop is liable to the consumer, not Antec.

Furthermore, the shop has a statutory duty to act "without significant inconvenience to the buyer". This is an ammendment to the 1979 Sale of Goods Act brought in by the The Sale and Supply of Goods to Consumers Regulations 2002, SI 2002 - 3045.


Of course, "significant inconvenience" is not defined, but the SI does state it must be by reference to the nature of the goods, and the purpose for which they were supplied.

This should not be read as me suggesting that week is out of order, but it certainly is not the case that the shop can just shrug and say "it's down to Antec and we haven't heard back yet". They can't do that.