Is a reseller obliged to honour a manufacturer warranty

take everything

Hi.
If i have a manufacturer warranty, am i obliged to deal with the manufacturer directly or can i go back to the reseller (Argos) and get them to sort it out (either replace or send it back to the manufacturer for repair).

Admittedly i don't have the Argos insurance.
I just have a one year manufacturer warranty that came with the product.
But isn't it the case that the reseller (with whom i have a contract) is obliged to facilitate you in this regard, regardless of the above.

The reason i ask is the manufacturer has no presence in Ireland and me sending it off will incur not inexpensive postage costs (10-20 euro?).
Bonus question:
If i send something faulty back to the manufacturer directly myself, i would be reimbursed for any postage costs incurred. Or am i mistaken.

Any advice much appreciated.
Thanks.

aidan_walsh

You may deal with the manufacturer yourself if you wish, but they have no legal obligation to offer you anything. A warranty they offer is basically a conditional promise.

As you rightly said, your contract is with the retailer. In the event of an issue, they are your first point of call (unless dealing with the manufacturer is likely to achieve better results) and they need to offer you a resolution be it a repair, replacement or refund.

If i send something faulty back to the manufacturer directly myself, i would be reimbursed for any postage costs incurred. Or am i mistaken.

I may be mistaken, but I believe that if you are voluntarily dealing with the manufacturer you would be liable for costs unless they have a paid postage system in place. That is, they do not necessarily need to compensate you for the cost of sending it.

It's different if you purchased online and need to return to the retailer, they should absorb the cost of postage.

take everything

You may deal with the manufacturer yourself if you wish, but they have no legal obligation to offer you anything. A warranty they offer is basically a conditional promise.

Wha? :eek:
So if i have a hardware fault on my netbook, not caused by myself, the manufacturer can say "we'll think about it" even if i have an explicit 1 year warranty in the literature that came with my netbook.

As you rightly said, your contract is with the retailer. In the event of an issue, they are your first point of call (unless dealing with the manufacturer is likely to achieve better results) and they need to offer you a resolution be it a repair, replacement or refund.

Thanks.

I may be mistaken, but I believe that if you are voluntarily dealing with the manufacturer you would be liable for costs unless they have a paid postage system in place. That is, they do not necessarily need to compensate you for the cost of sending it.

That's a bit ****.
Thanks.

wmpdd3

I agree, the reseller/retailer is the only party compelled under Irish law to guarantee a product fit for purpose.

The manufacture can offer any type of warranty they want, if they decide not to bother honoring it or charging for postage etc, you will find it hard to sue them.

The waters get muddy when you have companys like apple who handle the retailers repairs and replacements directly.

Also the only way supermarkets can selling electrical is if the manufactures or a third party handle the repair or replacements for them.

maxer68

take everything wrote: »

Admittedly i don't have the Argos insurance.
.

These insurance policies are purley there for adding to the profits of these companies.-, so it wouldn't have made an iota of a difference.

Assuming it is a manufacturing fault and not caused by any mis-use, power surge, dropping etc, Argos are obliged by law to deal with you.

If, like apple, the manufacturer had a repair centre in Ireland, then Argos could pass you on to them, but only as a way of speeding the repair process up and not as a way out of dealing with you.

dudara

It is always best to contact the manufacturer and arrange an RMA (return materials authorisation) before you return anything to them. This way you can determine if they will cover postage, and your return with have a reference number.

However, your contract is with the retailer, so that should be your first call.

Perhaps you can provide more detail - right post your post is more theoretical and it's hard to be more precise.

mickoneill30

You have

1: Statutory rights.
2: Manufacturers warranty.

A manufacturer doesn't have to give a warranty but you always have statutory rights (if you bought it in Ireland, I'm not sure about abroad).
If the warranty says that they won't reimburse postage and your statutory rights aren't applicable then you have to pay postage. For example I think that would only happen if you bought a laptop and the manufacturer said they'd give you a warranty for 10 years. If it went faulty after 7 years I think your statutory rights might not be applicable so you'd have to deal with the warranty.

Statutory rights normally beat warranty though. The manufacturer might say you have a one year warranty but the courts might expect your laptop / TV / whatever to last longer than a year. So if it's a legitimate fault and it's not that old you could try writing a polite letter to the seller outlining your position and that you'd like them to repair it. If they don't like it you can then try the small claims court.

Here's some info.
http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/guarantees.html

Badgermonkey

aidan_walsh wrote: »

You may deal with the manufacturer yourself if you wish, but they have no legal obligation to offer you anything. A warranty they offer is basically a conditional promise.

OP, warranties are enforceable but Argos are responsible for liaising with the manufacturer and returning goods to them if necessary. Deal with Argos directly.

Sale of Goods Act 1980:
Guarantees and warranties are legally binding – they are enforceable through the courts if necessary.

Directive 99/44/EC 6.1

Article 6

Guarantees

1. A guarantee shall be legally binding on the offerer under the conditions laid down in the guarantee statement and the associated advertising.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31999L0044:EN:NOT