Shipping Cost Query

dkspex

Hi all,

I have initiated a RMA with OCZ (the manufacturer) to return a SSD that I bought in February 2011. They say that I have to pay to ship the item to them but they will then send the replacement to me free of charge.

I referenced (in the RMA form) the DIRECTIVE 1999/44/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 May 1999 whose point 10 reads:

(10) Whereas, in the case of non-conformity of the goods
with the contract, consumers should be entitled to have
the goods restored to conformity with the contract free
of charge, choosing either repair or replacement, or,
failing this, to have the price reduced or the contract
rescinded;

The term "free of charge" is explained in Article 3 as follows:

Article 3 - Rights of the Consumer:
4. The terms ‘free of charge’ in paragraphs 2 and 3 refer to
the necessary costs incurred to bring the goods into
conformity, particularly the cost of postage, labour and materials.

I quoted the above when filling out the RMA ticket and they replied saying:

Unfortunately we can't take care about the shipping costs. If you don't want to pay the shipping costs, please contact your reseller and ask for a replacement

So should I pay the shipping costs or am I in the right in requesting the shipping costs in getting the item to them be covered?

slimjimmc

If you are claiming under warranty then you are bound only by the warranty terms which may include you paying for postage.

If you are claiming under consumer legislation you have no contract with OCZ and therefore consumer legislation does not apply to your dealings with them. In such case OCZ are correct, contact the reseller who sold you the product as it is them with whom you have the contract with.

dkspex

slimjimmc wrote: »

If you are claiming under warranty then you are bound only by the warranty terms which may include you paying for postage.

If you are claiming under consumer legislation you have no contract with OCZ and therefore consumer legislation does not apply to your dealings with them. In such case OCZ are correct, contact the reseller who sold you the product as it is them with whom you have the contract with.

Does it matter that it is over 1 year since I bought the item? It has a 2 year warranty but I'm just wondering does the re-seller have responsibility for the length of the warranty or just the 1st year of it.

UPDATE: dabs.ie say to contact the manufacturer for warranty claim presumably because it's over 1 year since the order.

slimjimmc

Are you claiming under the warranty or are you claiming under the Sale of Goods and Supply of Service Act? The two are not the same, the SGSSA is more powerful.

If you asked dabs.ie to sort it out under the warranty then they are correct in telling you to go to the manufacturer. It irrelevant that it's over 1 yr since the order since the warranty has not expired. A warranty claim can lay shipping costs at your feet unless the warranty says otherwise.

If you asked dabs.ie to sort it out under consumer law then they must deal with it themselves and not fob you off on to the manufacturer. Under consumer law any redress must be at no cost to the consumer. In reality they may ship it off the manufacturer under warranty but that will cost them not you.

Beware that taking the consumer rights approach could be slower than making a warranty claim yourself (and shipping it off at your cost yourself) since the retailer is entitled to establish the cause of the problem is not due to abuse and there may be some negotiation what form of redress you want and what they're willing to offer.

dkspex

I asked dabs to deal with it under warranty. I think I'll send it off to OCZ at my own cost as I need it replaced as soon as possible, and the last time I dealt with dabs it took weeks to get something replaced.

Thanks for your help slimjimmc!