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Is the Shop or Manufacturer Responsible for Faulty Goods?

By: Sarah Clark (ILEX) - Updated: 12 Apr 2018 | comments*Discuss
 
Rights Consumer Warranty Faulty Goods

“I bought a washing machine from a big high street electrical shop two months ago, and it’s still under the manufacturer’s warranty. I started having some problems with it last week, where it wasn’t taking the fabric conditioner in.

I checked the manual and did all the things it told me to, but it’s still not working. I even rang up the manufacturer to see if their helpline had any advice, but they said I’d tried everything and should go back to the shop.

I went into the shop to ask them if they would give me a replacement machine or my money back. They said that because the machine was still under warranty, I needed to ask the manufacturer to repair it, or replace it, and it was nothing to do with them. Both of them are blaming each other and in the meantime my machine won’t work. What can I do”

Advice

Your rights are with the retailer.

Legally, you have a contract according to the Sale and Supply of Goods Act, and that contract is with the retailer, the person who you paid your money to, and not the manufacturer. Any rights that you have against the manufacturer, such as a warranty, are in addition to your legal rights in consumer law, and so you don’t have to rely on that. Your first port of call should always be the shop.

What are my Consumer Rights with Faulty Goods?

Whenever you buy goods from a shop, they must be of satisfactory quality. This takes into account issues such as how long you would expect that type of item to last (durability); freedom from minor defects; safety and even appearance. In your case, the machine isn’t doing what you would expect it to. You’ve only had it for two months and already it’s stopped working properly. Most people would expect a brand new washing machine to last more than two months without developing this type of problem, and the law says that if a fault develops in the first six months, it’s deemed to have been there when you purchased it.

This puts the shop in breach of their contract with you, and entitles you to redress from them. What you’re entitled to is always what’s ‘reasonable’ under the circumstances, so you may be able to push for a refund, but you might have more luck if you ask for a replacement machine, or a free repair. Of course, if the machine is playing up after only two months, a repair might not be acceptable to you. Negotiate with the shop and make it clear that you know your rights.

What are my Rights with the Warranty?

A warranty from a manufacturer can be useful, and it’s in addition to your specific legal rights. If this type of fault developed after six months, it would be harder to prove that the fault was there when you bought the machine, and the responsibility to do so would be on you, rather than the shop. It could end up costing you more to prove who’s at fault than it would to buy a new washing machine!

In this scenario, call on the warranty and see if you can get the machine repaired free of charge. Read the terms and conditions first, you might have to pay a call out charge, or there might be a fee. Some warranties also provide for a replacement if the goods can’t be repaired. Remember though, that any free warranty is an extension to your consumer rights, and harder to enforce. If you actually pay for a warranty (which many retailers like to try and make you do) it does make things slightly different as you then have a separate contract with the company who operates the warranty.

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I purchased an expensive dining set with chairs and parasol from a Wyevale garden centre last June (2017). Due to being a single guy, and being away from home most of last summer (as well as the non existent British summer!) I didn't use the parasol in 2017 at all. The table also has 9 ceramic slats on it. I stored the table, slats and chairs in my garage for the entire winter period from late November through to early March. In mid March, I put the slats on the table and covered the table with one of Wyevale's durable outdoor table covers to protect it from the rain (although being aluminium it is guaranteed to be weatherproof anyway). Imagine my upset when I came out the other day to try out the parasol for the first time and found that one of the "arms" was forced behind another meaning the parasol will go up but won't stay steady in place and is unuseable...and to top that off, three of the slats were broken, which has basically rendered my entire dining set unuseable. I contacted Wyevale, who then contacted Hartmann under their product warranty, and my claim was rejected as they suggested I had misused the dining set and left the parasol out in the wind...aside from the fact I've always taken a parasol into my garage or shed when not in use for the last 15 years, I would like to know where I stand in terms of forcing Wyevale (seller) and/or Hartmann (manufacturer) to replace both the 3 broken slats (33%) and the faulty parasol? While I am aware of the 6 month rule beyond which time a consumer needs to be prove the items were faulty from the time of purchase (ie. manufactured faulty), surely it is also the seller and/or manufacturer's responsibility to prove beyond reasonable doubt that I have misused the dining set (which I absolutely have not) and it is impossible for them to do so, so surely my right to expect an outdoor dining set to remain in fully useable condition for at least 2-3 years, and definitely for under 1 year is reasonable, and therefore my claim must be accepted under warranty in full...all advice and feedback welcome as I know it's a grey area, but it feels like consumers still need more protection as retailers clearly bank on the fact that most consumers will not be as knowledgeable about commercial law as I am...
Rocky P - 12-Apr-18 @ 11:29 AM
Lexinlola - Your Question:
Bought a laptop from Argos 25/10/2017 few days ago stopped working just has black screen and can see curso but won’t work or turn off etc. Tried to ring Argos was told to go Instore went In store and had an awful experience been told all they would do is send way for repair takes 14days , I explain my consumer rights and asked that it be replaced not repaired as was a gift for child and it’s half term also don’t want a item less than moths old to be mended and taken apart. Was then told they have their own policy regarding returning faulty items and they don’t have too adhere to the sales act etc and I was wrong in my facts. Please help very unhappy customer atm

Our Response:
All retailers must comply with the consumer rights legislation. The item is just under 6 months old so the retailer (Argos) can choose whether to repair or replace the item, but you as the consumer must not be put to lot of inconvenience over this. Our guide here gives more information
ConsumerRightsExpert - 9-Apr-18 @ 12:44 PM
Bought a laptop from Argos 25/10/2017 few days ago stopped working just has black screen and can see curso but won’t work or turn off etc. Tried to ring Argos was told to go Instore went In store and had an awful experience been told all they would do is send way for repair takes 14days , I explain my consumer rights and asked that it be replaced not repaired as was a gift for child and it’s half term also don’t want a item less than moths old to be mended and taken apart . Was then told they have their own policy regarding returning faulty items and they don’t have too adhere to the sales act etc and I was wrong in my facts . Please help very unhappy customer atm
Lexinlola - 7-Apr-18 @ 4:09 PM
Bought a lsptop for my don who is autistic 22febon 22nd march from john lewishe said the mouse was stuck i called john lewisand they said as it was 29days old they would pick it up and replace with a new one st the same timebut after arragingthis ive discover a tiny scrach were my son has tried to unstick mouselift the mouse with somthing ?? as this will be a strait swap should i be worrid
Clobs - 24-Mar-18 @ 2:18 PM
Snookums - Your Question:
I bought Hoover washing machine from Argos 6 weeks ago and have experienced problems. I contacted Argos who told me to contact Hoover. On contacting them they said an engineer would be sent out but if the fault was mine I would be charged and persuaded me to take put an extended warranty. An engineer came out put a new motherboard in to rectify an E2 failing on machine but could find nothing wrong. On doing first wash afterwards it started making the noise again. After reading another person's posting I am annoyed as obviously Argos should have dealt with it. Now that I've taken extended warranty I presume I now need to deal with Domestic and General even though the machine is faulty - is this correct? Sorry for ling ramble - I am furious.

Our Response:
If it had been during the first 30 days, Argos should have offered full refund or replacement straightaway. Once passed the 30 day period but before 6 months from the purchase date if a fault is discovered, it is presumed to have been there from the time of delivery. It is for the retailer (Argos) to prove that this was not the case, presumably they sent the engineer for this reason. If the machine is clearly faulty at this stage, the retailer (Argos) should repair or replace the product. This is nothing to with a warranty (which you shouldn't have had to purchase for this), it is your right as a consumer. If it's still faulty, go back to Argos and tell them it's their responsibility as the retailer to sort it out (you shouldn't have to contact the manufacturer). They've had one attempt at repair and really it should be replaced as it's less than 6 months old. Please see our guide to the Consumer Rights Act 2015 for more information.
ConsumerRightsExpert - 27-Feb-18 @ 11:32 AM
I bought Hoover washing machine from Argos 6 weeks ago and have experienced problems. I contacted Argos who told me to contact Hoover. On contacting them they said an engineer would be sent out but if the fault was mine I would be charged and persuaded me to take put an extended warranty. An engineer came out put a new motherboard in to rectify an E2 failing on machine but could find nothing wrong. On doing first wash afterwards it started making the noise again. After reading another person's posting I am annoyed as obviously Argos should have dealt with it. Now that I've taken extended warranty I presume I now need to deal with Domestic and General even though the machine is faulty - is this correct? Sorry for ling ramble - I am furious.
Snookums - 24-Feb-18 @ 9:29 AM
Ju - Your Question:
I bought a tefal iron and after 12 months it actually set on fire at the top and burst in to flames.I quickly unplugged it and the iron continused burning.I put it face down on the tiled bathroom floor and threw a damp towel over it.the flames went out but my home filled with black smoke and all surfaces had a sheet of dust on them.tefal have said they will send courtier to take the iron for inspectin but have not offered a replace mentioned. What are my rights?

Our Response:
"If it is more than 6 months since you purchased the product, you must prove that the product was faulty at the time of purchase. You would likely need an expert report to prove this" . You are only entitled to a replacement if the iron was faulty etc. Please see our guide here for information
ConsumerRightsExpert - 5-Feb-18 @ 11:38 AM
I bought a tefal iron and after 12 months it actually set on fire at the top and burst in to flames.I quickly unplugged it and the iron continused burning.I put it face down on the tiled bathroom floor and threw a damp towel over it.the flames went out but my home filled with black smoke and all surfaces had a sheet of dust on them.tefal have said they will send courtier to take the iron for inspectin but have not offered a replace mentioned. What are my rights?
Ju - 2-Feb-18 @ 2:03 PM
dickson47 - Your Question:
I bought a Russell Hobbs vacuum from Morrisons around 4 months ago and it has stopped working completely, no suction, no movement to the underneath, nothing, I tried to return back to Morrisons with receipt as I had kept it and explained the fault, they told me as my item is past the 30 day returns date I had to contact the manufacturer, upon emailing Russell Hobbs they explained that I had to return to retailer, I have a free 1 year warranty with this vacuum aswell as it had come with the purchase but who is responsible for replacing or refunding me for this item, the manufacturer or original place of purchase?

Our Response:
It is the retailer's responsibility, Morrisons should know this. Please see our guide to the Consumer Rights Act 2015 and the section entitled "30 days to 6 months" for evidence of this.
ConsumerRightsExpert - 17-Jan-18 @ 11:45 AM
I bought a Russell Hobbs vacuum from Morrisons around 4 months ago and it has stopped working completely, no suction, no movement to the underneath, nothing, I tried to return back to Morrisons with receipt as I had kept it and explained the fault, they told me as my item is past the 30 day returns date I had to contact the manufacturer, upon emailing Russell Hobbs they explained that I had to return to retailer, I have a free 1 year warranty with this vacuum aswell as it had come with the purchase but who is responsible for replacing or refunding me for this item, the manufacturer or original place of purchase?
dickson47 - 16-Jan-18 @ 5:49 PM
have had a mattress replaced within the 5 years of the guarantee.It was 2 years old and had split. The new mattress is not the same it is rock hard has hurt my back and i had bought a soft spec mattress on purpose.After all not sizes fit all which is why there are so many options when it comes to something so important. I cannot use it and the company are dragging their feet at the moment.My main question is surley this should have been replaced with the same spec as the original. I understand the actual original is out of production,maybe there was an issue with them. Even so you do not replace an item that is so different. Comments welcomed
cupcake - 8-Dec-17 @ 2:24 PM
Brought laptop from currys which has a one year garantee, it's now 11 months old and has developed a faultwho is responsible for its repair,
kolin - 8-Dec-17 @ 9:37 AM
I bought a gas fire from a retailer who organised the installer and the gas fitter. We thought we could smell gas so the gas fitter came round twice but couldn't find a leak. We then called national grid who found a leak straight away. When I emailed the retailer she said she is only the supplier and I would have to report the gas fitter. We were in a gas filled room for 4 weeks and I am so disappointed with her response I'd like to sue her. We could have died. What are my rights. I think she's responsible as she organised the gas fitter.
Polly - 6-Dec-17 @ 7:27 PM
Marsh - Your Question:
Thanks for the advice I am having the same problem with Tesco. Told me that the television is not covered by guarantee and that it has accidental damage.

Our Response:
We hope you manage to sort this out, Tesco of all companies, should be familiar with the new Consumer Rights legislation.Their terms and conditions are actually correct and state the following:
"In relation to electronics or mobile phones, please contact the relevant helpline below. If we are unable to resolve the issue over the phone, we would be pleased to offer you the following: Within 30 days of receipt of the goods: Your choice of a repair, replacement or refund. From 30 days after receipt of the goods until 12 months: We will arrange for a repair or replacement of the goods. If that’s not possible, we’ll offer you a refund.
For electrical items, we reserve the right to send out an engineer or technician to inspect the goods to confirm the fault before accepting the return."
ConsumerRightsExpert - 3-Nov-17 @ 2:19 PM
Thanks for the advice I am having the same problem with Tesco . Told me that the television is not covered by guarantee and that it has accidental damage.
Marsh - 2-Nov-17 @ 10:35 PM
bobble - Your Question:
We bought a television from Tesco direct it was fine for about 3 weeks and then one day when it was switched on there was an area of the screen which was just black.On phoning Tesco they asked for a photograph of the screen and after a couple of days they decided that the screen had been accidentally damaged.We offered to take the television to a Tesco extra for a visual assessment but Tesco would not accept this.We informed Tesco of our rights according to the Consumer Rights Act 2015 but they will not budge.They have suggested that we take the television to an accredited repair agent but we believe that they are in breach of the Act.

Our Response:
They are. If it is within 6 mothns of purchase, it is up to the retailer to prove that fault wasn't there at the time of purchase etc. Refer Tesco to the Consumer Rights Act 2015 which in essence states that"If a fault is discovered within the first 6 months from delivery, it is presumed to have been there from the time of delivery. It is for the retailer to prove that this was not the case. You do not have to prove that it was."
ConsumerRightsExpert - 9-Oct-17 @ 2:58 PM
We bought a television from Tesco direct it was fine for about 3 weeks and then one day when it was switched on there was an area of the screen which was just black. On phoning Tesco they asked for a photograph of the screen and after a couple of days they decided that the screen had been accidentally damaged. We offered to take the television to a Tesco extra for a visual assessment but Tesco would not accept this. We informed Tesco of our rights according to the Consumer Rights Act 2015 but they will not budge. They have suggested that we take the television to an accredited repair agent but we believe that they are in breach of the Act.
bobble - 8-Oct-17 @ 7:39 PM
Blondie - Your Question:
Hi, I bought a Michael Kors braclet from Goldsmiths. This has been returned to the manufacturer 3 times resulting in a new replacement braclet being provided on each occasion. My braclet has broken again and I am returning braclet No.4. Is my contract with Goldsmiths or Michael Kors. This is obviously a design fault and I think I should now get my money back.Your advice would be greatly appreciated.Thank you.

Our Response:
Your contract is with Goldsmiths and it is their responsibility to repair or replacement the item (after 30 days) or give you a refund if the item is clearly not fit for purpose.
ConsumerRightsExpert - 2-Oct-17 @ 12:17 PM
Hi, I bought a Michael Kors braclet from Goldsmiths.This has been returned to the manufacturer 3 times resulting in a new replacement braclet being provided on each occasion.My braclet has broken again and I am returning braclet No.4. Is my contract with Goldsmiths or Michael Kors. This is obviously a design fault and I think I should now get my money back. Your advice would be greatly appreciated. Thank you.
Blondie - 29-Sep-17 @ 9:21 AM
Sue - Your Question:
I bought a mattress from an online retailer last year. Within a few months, it was sagging where we both slept and formed a ridge down the middle. At the retailer's request, we provided photographic evidence so that it could forward on to the manufacturer. It refused to take any action until the manufacturer provided advice. We accepted a replacement but emailed to say that if this one had the same issue, we would expect a refund. Unfortunately within 3 months, the exact same issues have now arisen. As before, the retailer refused to take any action until it had gone back to the manufacturer so as before, we provided new photos. The manufacturer arranged for an independent assessor from FIRA to come out and his report states the mattress is not faulty, the dips and ridge are due to "natural settlement" and we bought the wrong mattress based on how we sleep. On receipt of this report, the retailer's curt email to me states it will take no action as it's not faulty My contract is with the retailer, not the manufacturer but how can I convince it to agree to refund me - assuming I have a case?

Our Response:
If it is less than six months following purchase, it is for the retailer to prove that the fault was not there when it was purchased. In this case you've had one replacement - the same thing has happended with the replacement...that suggests the same fault may have been there. If however the independent report suggests no fault, you will need to consider private legal action to resolve this.
ConsumerRightsExpert - 26-Sep-17 @ 11:08 AM
I bought a mattress from an online retailer last year. Within a few months, it was sagging where we both slept and formed a ridge down the middle. At the retailer's request, we provided photographic evidence so that it could forward on to the manufacturer. It refused to take any action until the manufacturer provided advice. We accepted a replacement but emailed to say that if this one had the same issue, we would expect a refund. Unfortunately within 3 months, the exact same issues have now arisen. As before, the retailer refused to take any action until it had gone back to the manufacturer so as before, we provided new photos. The manufacturer arranged for an independent assessor from FIRA to come out and his report states the mattress is not faulty, the dips and ridge are due to "natural settlement" and we bought the wrong mattress based on how we sleep. On receipt of this report, the retailer's curt email to me states it will take no action as it's not faulty My contract is with the retailer, not the manufacturer but how can I convince it to agree to refund me - assuming I have a case?
Sue - 23-Sep-17 @ 5:46 PM
Silv - Your Question:
Brought a new air rifle a couple days ago with a scope and on setting up the rifle ifound the scope tube was bent is it the manufacturers responsibility the uk import agents or the shop which I brought it fromThanks

Our Response:
The shop from where you purchased the rifle is responsible for resolving this with you.
ConsumerRightsExpert - 8-Sep-17 @ 1:47 PM
Brought a new air rifle a couple days ago with a scope and on setting up the rifle ifound the scope tube was bent is it the manufacturers responsibility the uk import agents or the shop which i brought it from Thanks
Silv - 7-Sep-17 @ 8:38 PM
Hi I bought a Zanussi fan oven with a built in cleaning function as part of my new kitchen fit from Wickes. I have had the oven 4 weeks and used the self cleaning function for the 2nd time at the weekend.After around half hour into the cycle I heard a loud bang, the 3 inner panes of glass inside oven door had exploded! I am now without an oven until engineer comes out next week, and Domestic and General are talking about replacing glass only, not providing a new oven for something still under manufacturer warranty!I have complained to Wickes who are in touch with their head office and Zanussi head office pushing for a new oven! What are my rights am I entitled to a replacement oven or repair to what may be a dangerous oven, please advise? ??
JACKIE06 - 23-Aug-17 @ 12:49 PM
LauraM - Your Question:
Hi, I bought a Dyson earlier this year, January time I think it was from currys. On plugging the Dyson in today it shorted out all of my electrics and gave me an electric shock. I have my receipt as proof of purchase but currys have told me to deal with Dyson as they are not liable for big name brands. Is this correct? I am under the impression that I entered into a contract with the person I paid the money to for the goods, please can you let me know where I stand. Thanks.

Our Response:
No the responsibility is with the retailer. Since it's more than 6 months since purchase, it's up to you to prove that the product was faulty at the time of purchase. You may need an expert to help prove this. A Dyson vacuum cleaner would be expected to last longer than 6 months so you should have no problem in getting this resolved. If you registered your product at the time of purchase or still have your receipt, Dyson will sort it out for you even if Currys won't.
ConsumerRightsExpert - 16-Aug-17 @ 11:15 AM
Hi, I bought a Dyson earlier this year, January time I think it was from currys. On plugging the Dyson in today it shorted out all of my electrics and gave me an electric shock. I have my receipt as proof of purchase but currys have told me to deal with Dyson as they are not liable for big name brands. Is this correct? I am under the impression that I entered into a contract with the person I paid the money to for the goods, please can you let me know where I stand. Thanks.
LauraM - 14-Aug-17 @ 11:28 AM
Ray- Your Question:
Bought plant bulbs and plant pot set online from Ideal World. Only 1 plant of 10 bulbs flowering and some bulbs not even growing. Planted similar garden centre bulbs in my own pot at the same time with same compost and all plants have grown and flowering. Sent picture of two pots to Ideal World but their response is to contact their supplier for redress as they were sent direct from supplier. Is this correct?

Our Response:
The retailer is responsible for faulty goods, but how long is it since you purchased? You rights after 6 months are slightly reduced as the onus is on you to prove the item was faulty when you purchased it. We note from their website that Ideal World don't clearly say that you are entitled to a full refund of faulty goods within 30 days of purchase (they simply suggest a replacement will be sent and refund will made if no replacement is available)which is incorrect.
ConsumerRightsExpert - 9-Aug-17 @ 2:01 PM
Bought plant bulbs and plant pot set online from Ideal World. Only 1 plant of 10 bulbs flowering and some bulbs not even growing. Planted similar garden centre bulbs in my own pot at the same time with same compost and all plants have grown and flowering. Sent picture of two pots to Ideal World but their response is to contact their supplier for redress as they were sent direct from supplier. Is this correct?
Ray - 8-Aug-17 @ 8:25 AM
Kevin - Your Question:
I bought a well known Fitness tracker from a well known UK online store about 12 months agoThe trackers bracket separated from the tracker just coming up to the year mark. That particular model has since been withdrawn from the market even and even though this is a very widely reported fault the manufacturer is offering this as a replacement or a 50 percent discount on any of their other modelsIs it to late to contact the retailer, I assume my contract is with them and ask them for a settlement I would be prepared to accept the model which replaced the withdrawn oneMany thanks

Our Response:
At this stage it's up to you to prove the fault but in view of the well know problems withthe item this might be straight forward. If the manufactuturer is offering a replacement or a discount off a new item, you could always resort to that anyway.
ConsumerRightsExpert - 26-Jul-17 @ 12:48 PM
I bought a well known Fitness tracker from a well known UK online store about 12 months ago The trackers bracket separated from the tracker just coming up to the year mark. That particular model has since been withdrawn from the market even and even though this is a very widely reported fault the manufacturer is offering this as a replacement or a 50 percent discount on any of their other models Is it to late to contact the retailer, I assume my contract is with them and ask them for a settlement I would be prepared to accept the model which replaced the withdrawn one Many thanks
Kevin - 20-Jul-17 @ 12:39 AM
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