Help - Faulty Router! - Unhelpful supplier!

Soldato
Joined
5 Oct 2004
Posts
7,395
Location
Notts
I'm at a customers site installing a new Terminal Server. I'm trying to configure a Draytek Vigor 2800 Router but it wont let me connect to its web interface. I've done this many times before so know its a faulty unit. The router was delivered to the customers site 2 days ago.

I've just spoken to the supplier who have said it has to be returned to Draytek for inspection before they can replace/refund it!!!

They have offered to do this for us but said that it will take a couple of weeks to get it sorted.

Are they within their rights to do this? I thought there were laws in place regarding distance selling and Dead on Arrival electrical goods.

The supplier was polite but didnt want to know about this problem as she said the warranty is with Draytek!!

Any help and advice on this would be great. I'm stuck half way through an installation with no light at the end of the tunnel!!

:)
 
Associate
Joined
4 Nov 2006
Posts
48
i was under the impression that if you bought it via distance selling i,e internet you have 7 days to change your mind. so i'd ask for a full refund and charge them the shipping.
if in doubt contact trading standards.

tris
 
Caporegime
Joined
18 Oct 2002
Posts
26,116
33scott said:
i was under the impression that if you bought it via distance selling i,e internet you have 7 days to change your mind. so i'd ask for a full refund and charge them the shipping.
if in doubt contact trading standards.

tris

Not if it was a business purchase, which this sounds like.
 
Soldato
Joined
18 Dec 2004
Posts
6,568
Location
London/Kent
Well if this was a business purchase, then the DSR 2000 won't work as stated.

I seriously hope this was a 'consumer' purchase as then I could tell you how to hit them hard with the SoGA '79 - if not, business contracts are a bit more stringent and there aren't so many protections.

Strictly speaking (and loosely at that), the seller really doesn't have to wait for the manufacturer to replace it. That is a separate contract altogether - nothing to do with you (or your client I should say). You have purchased from them and they have a duty to supply goods of satisfactory quality (s14) however the timely manner section (s48C IIRC) won't apply unless it was made as a consumer purchase on a personal account - by this I only mean made as a personal account because then you are still buying as a consumer. If bought under the company's name using a business account, this is not the case.

Unfortunately, companies nowadays have this pathetic idea that they should escape any incovenience by relying on a manufacturer to do all the work - in reality, they have breached their contract with you, and the manufacturer has breached their contract with the seller - 2 completely separate contracts and mutually exclusive. Unfortunately, it's unlikely you'll get anything out of them worthwhile unless it was a consumer purchase for the above stated reasons.

Whilst there is a warranty provided by the manufacturer, the contract is with the seller and they are in breach of this - remind them of their obligations under the contract, namely s14.
 
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