Return of faulty goods

[talkssense]

Wonder if anyone can help with a consumer law issue, from the retailers point of view.

Customer purchases electrical item from retailer, who in turn had purchased from a reseller, who presumably had purchased direct from manufacturer.

The manufacturer has their own local service partner who deal with all repair work for them, in or out of warranty and regardless of place or country of purchase.

Item fails after a few months and is returned to retailer, who in turn delivery to service centre. Communication between end customer and service centre is then direct.

12 months later the customer demands a refund from the retailer, as the unit has subsequently been in for further repair whilst under warranty and has now failed again out of the warranty period.

The service agent, manufacturer, and reseller are all saying the item is now out of warranty and any refund should be supplied directly by the retailer - which is me.

Question is, if the consumer has a right to claim against me, surely I have the right to claim via the reseller or manufacturer rather than being the one who ends up £1700 out of pocket?

Does anyone have any advice or experience to offer other than don't be the mug who buys all the display items and deals with all the hassle from customers to generate sales to line the pockets of people who then refuse to support you? It would be much appreciated.

Thanks

[951TSE]

Just an opinion, IANAL

The sales of goods act covers goods that are faulty at the time of sale. The option being a refund if within about a month of the sale or the retailer can opt for a repair, as you have done in this case. This far down the line the customer would have to prove that both faults existed at the time of sale to be able to claim under the act.

http://www.which.co.uk/consumer-rights/regulation/...

You then say he talked to the service centre direct. My understanding would be that the act of repairing would then be covered under the goods and services act.

http://www.which.co.uk/consumer-rights/regulation/...

When the item went faulty again did he come back to you or go direct to the service centre? If he went direct then I'd say it's probably the service centres problem.

Of course you may value his custom and offer him a goodwill refund if you wish. Even if you do though you're still allowed to reduce the amount of refund for wear and tear and how much use the customer has had out of the item. After all the item is not now new, he's had a years worth or use out of it (minus the length of the repairs) so can't reasonably expect a full refund. You would have to calculate how much refund to give based on a reasonable life expectancy for the item.

[hotchy]

Its out of warrenty after its been fixed in warrenty. I dont see how he can now get a refund. Appologise, say its out of warrenty so no refund etc can be issued but as a good will gesture here is a 1 time use 10% discount code.

Pritty much what nike said to me when my £120 basketball trainers fell apart after a couple months.

[TooLateForAName]

I'd say that you are responsible for refunding your customer - goods not fit for purpose.

Although you haven't told us what this item is or what the faults with it have been? Are they inherent faults or user misuse?

If its costing you £1700 that is presumably your purchase cost so retail is what £2500? £3000? ?

You then need to take it up with the distributor/ manufacturer.

[otherman]

the customers contract is with the retailer, not the manufacturer. The issue is whether the good were faulty, which it sounds like they were, since repeated repairs were required.
Whether you get money back from the supplier depends on your contract with them.