Small Claims Court - Can you summon Manufacturer or just the Seller?

FGR · 01-03-2022 8:34pm #1

Hi all,

Looking at having to call Google to task on a Pixel device I own. It's just out of warranty but developed a fault where the screen develops a bright green tint and won't go away. Otherwise the phone is physically flawless but Google wouldn't even look at it.

I was wondering can I pursue Google through the small claims court or is it only the seller I can summon? In this case Vodafone - who have already deferred me to manufacturer which I know isn't correct.

Thanks all.

POBox19 · 01-03-2022 8:38pm

You make a consumer claim from the supplier.

Follow this link: https://www.courts.ie/small-claims-procedure

Peregrinus · 02-03-2022 12:45am

https://www.boards.ie/discussion/2058235394/small-claims-court-can-you-summon-manufacturer-or-just-the-seller

You have no contract with Google so, if you sue them, you can't say that they have warranted to you that the device is fit for purpose, etc. The law deems the seller of the device to have warranted this to you, so you can sue the seller for breach of that warranty if it turns out not to be true. But the law doesn't deem the manufacturer to have warranted that.

So, if you're going to sue Google, you need to find some other basis for making them liable. The traditional one would be negligence - you show that the phone is faulty because of some mistake on their part. But that will be tough - you don't know why the phone has this problem, do you? So you won't easily be able to show that it is Google's fault that the phone has this problem.

So, yes, you can sue Google. But your chances of winning are much less than if you sue the business that sold you the phone.

FGR · 02-03-2022 4:34pm

Thank you for the replies.

I've started the ball rolling with Vodafone and, as expected, they're not making it easy.

Online support originally tells me to bring phone to my nearest store despite being bought on vodafone.ie . I go to the shop to speak to very friendly staff who informed me that online chat was incorrect and that I had to go back. So I go back, explain it again and am told to e-mail a support address. I get an automated instant reply from that address stating that the address is solely used for account information.

So I go back a third time; and was told that because I switched provider since I bought the phone that it's a matter for the manufacturer.

I had to explain that just because I changed provider doesn't change the fact that I bought the phone outright as a PAYG phone from vodafone and that it's the seller that is responsible, not solely the manufacturer.

Sigh; so they've promised to escalate the matter and that I'll get a call back. I have a feeling this is going to be a disaster.

Explosive_Cornflake · 02-03-2022 4:39pm

https://www.boards.ie/discussion/comment/118721023#Comment_118721023

I'd ask Vodafone to agree in writing that they've moved their responsibility to google, who on their side autorized it, etc. and to provide you with a legal contact at google who is handling the issue as you intend to bring it to the small claims court.

The mention of that should hopefully put a fire under the vodafone, because I think you're right in thinking it's voadfones responsibility.

It's an interesting predicament.

Small Claims Court - Can you summon Manufacturer or just the Seller?

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