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Help with warranty !!

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  • 09-10-2014 2:15pm
    #1
    Ropo
    Registered Users Posts: 105 ✭✭


    Hoping someone can help !!
    I got a present of a fridge that is under warranty. Manufacturer has confirmed its still under warranty as they can tell by the serial number. Long story but I can’t contact the person who gave us present of the fridge and we don’t have the receipt only the warranty card.
    The manufacturer sent an engineer out and they have reported back that it cannot be fixed and needs to be replaced.
    The manufacture has then given us an uplift number to get a replacement fridge from the retailer, here in lies the problem we don’t know who the retailer was. Having tried one of the main retailers that we assume where the fridge was bought from they are saying without the receipt we cant get a replacement.
    My questions , should the manufacturer not have to organise the replacement when they know its under warranty ?
    Anyone have similar experience , kinda lost without my fridge !!


Comments

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    #2
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    Talk to the manufacturer. You'll probably find that they will contact retailer "X" or another retailer to provide the replacement, or they might deliver one directly from a distributor.


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    #3
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    given your contract is with the retailer and not the manufacturer. The manufacturer dont have to do anything and if you dont know the reatailer then your in a spot of bother.

    Also some warranties are not transferrable so even if the unit is in warranty its possible you wouldnt be able to utilise it.

    Best bet is to go back to the manufacturer and see if they will assist, but if they dont and they are not obliged to. You in a spot of bother unless you track down the giver of the fridge to you.


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    #4
    Ropo
    Registered Users Posts: 105 ✭✭Ropo


    Here is the wording of the warranty

    Products carry a full warranty for the period specified. Some Samsung products carry different warranty periods due to the nature of the product's design, manufacture or expected use.

    The warranty applies from the date of purchase by the first customer and is transferable only between end-users.

    This warranty does not affect your statutory rights as a consumer in any way.

    _________________________________________


    They are happy its working its under warranty be serial number , at the end of the day wondering is it a big difference to sent the replacement direct to me or via a retailer !!


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    #5
    Beano
    Closed Accounts Posts: 3,357 ✭✭✭Beano


    Talk to samsung again and tell them what the retailer said. I'm sure they will sort you out.


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    #6
    Ropo
    Registered Users Posts: 105 ✭✭Ropo


    Thanks everyone :) pretty sick of having warm milk for my breaky !!


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    #7
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    D3PO wrote: »
    given your contract is with the retailer and not the manufacturer.The manufacturer dont have to do anything and if you dont know the reatailer then your in a spot of bother.

    Also some warranties are not transferrable so even if the unit is in warranty its possible you wouldnt be able to utilise it.

    Best bet is to go back to the manufacturer and see if they will assist, but if they dont and they are not obliged to. You in a spot of bother unless you track down the giver of the fridge to you.
    The seller must observe the guarantee as if he made it himself (Sect 17 Sale of Goods And Supply of Services Act), but the manufacturer is not off the hook. Where a manufacturer provides a guarantee then that manufacturer is still liable by law (Sect 19) to honour a guarantee claim in accordance within the stated terms of the guarantee. The OP is covered, the manufacturer has accepted the guarantee claim and have offered a replacement. It's just that the method of obtaining that replacement is not practical in this instance because the seller cannot be identified. If the OP contacts the manufacturer again they will make alterative arrangements.


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    #8
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    slimjimmc wrote: »
    The seller must observe the guarantee as if he made it himself (Sect 17 Sale of Goods And Supply of Services Act), but the manufacturer is not off the hook. Where a manufacturer provides a guarantee then that manufacturer is still liable by law (Sect 19) to honour a guarantee claim in accordance within the stated terms of the guarantee. The OP is covered, the manufacturer has accepted the guarantee claim and have offered a replacement. It's just that the method of obtaining that replacement is not practical in this instance because the seller cannot be identified. If the OP contacts the manufacturer again they will make alterative arrangements.

    however if Im not mistaken an asian manufacturer SOGA doesnt come into effect here which is why the seller would be on the hook.

    Were debating symantics though. My post was just as a more overall FYI rather than a tough luck nothing you can do for the OP.

    Id be surprised if a large manufacturer like Samsung wouldnt assist in resolving this in some way hence why I suggested the OP call them to try and sort something out and it appears they are ameniable in some way to doing that.


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    #9
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    D3PO wrote: »
    however if Im not mistaken an asian manufacturer SOGA doesnt come into effect here which is why the seller would be on the hook.

    Were debating symantics though. My post was just as a more overall FYI rather than a tough luck nothing you can do for the OP.

    Id be surprised if a large manufacturer like Samsung wouldnt assist in resolving this in some way hence why I suggested the OP call them to try and sort something out and it appears they are ameniable in some way to doing that.
    They have a EU based sales and distribution structure which is subject EU law, and the laws of the market they sell into. These laws are enforceable against that structure.


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    #10
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    slimjimmc wrote: »
    The seller must observe the guarantee as if he made it himself (Sect 17 Sale of Goods And Supply of Services Act), but the manufacturer is not off the hook. Where a manufacturer provides a guarantee then that manufacturer is still liable by law (Sect 19) to honour a guarantee claim in accordance within the stated terms of the guarantee. The OP is covered, the manufacturer has accepted the guarantee claim and have offered a replacement. It's just that the method of obtaining that replacement is not practical in this instance because the seller cannot be identified. If the OP contacts the manufacturer again they will make alterative arrangements.

    Ah, it may not be as simple as that. The unit was bought from Samsung by the retailer, the retailer is actually their customer so it is the retailer who is getting the replacement under warranty, they in term forward it to their customer , the OP with whom they have a contract of sale (only in this case they don't as OP was not the purchaser). The retailer is in the middle of the transaction and the replacement is facilitated through them.


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