BigDawgV8
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| posted on 2/3/14 at 08:39 AM |
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Any Trading Law Experts on Here?
Hi All,
Not sure if this is in the correct area but here goes.
I need a little help with an issue I am having at the moment.
Recently the battery in my daily started playing up, not holding charge, sluggish starting etc.
I can't be without the car so coughed up for a new battery.
However, taking the old one out I had forgotten that it was only 2 years old with a 3 year warranty!
The shop where it came from took the battery back to 'investigate'. That was 4 weeks ago.
They are now saying that the company that checks the batteries and issues refunds no longer deal with that particular make of battery and that there
might not be anything more they can do.....
1) Surely the battery was not fit for purpose in the first place if it is suppose to last 3 years and only lasted 2??
2) Surely the shop should reimburse me and then re-claim the money from the manufacturer themselves?
Anyone know for sure where I stand legally and can anyone offer any further advice?
Thanks for reading.
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joneh
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| posted on 2/3/14 at 08:55 AM |
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Would be interesting to hear an experts advice but here's my tuppence worth;
I believe your contract is with the retailer, so they should honour any offered warranty on goods they sold as it formed part of your contract to
buy.
You have the option of phoning the manufacturer though and claiming this way ( assuming you get the faulty item back )
Jon
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britishtrident
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| posted on 2/3/14 at 09:44 AM |
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Leaving aside the retailer is acting like an ***** the way battery warranties work you wouldn't normally get full refund anyway.
If a battery is sold with a 3 year warranty then the expected life is 3 years if have used the battery for 2 years expect to able to claim only 1/3
of the cost back.
[I] “ What use our work, Bennet, if we cannot care for those we love? .”
― From BBC TV/Amazon's Ripper Street.
[/I]
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Paul AS
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| posted on 2/3/14 at 11:28 AM |
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The only contract that exists is between the buyer and the seller, all the way up and down the supply chain, period!
With a fixed life item that you have had (and used) 66% of it's projected usable life, it is deemed reasonable to only refund, replace or
compensate for the remaining third, that should reasonably still be available to you, - unless there are clear indications of abuse of the product.
Hope that clears it up for you.
Paul
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ravingfool
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| posted on 2/3/14 at 12:23 PM |
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quote:
Originally posted by Paul AS
The only contract that exists is between the buyer and the seller, all the way up and down the supply chain, period!
With a fixed life item that you have had (and used) 66% of it's projected usable life, it is deemed reasonable to only refund, replace or
compensate for the remaining third, that should reasonably still be available to you, - unless there are clear indications of abuse of the product.
Hope that clears it up for you.
Paul
Not necessarily correct - the battery could well be sold to you, with the benefit of a warranty from a third party - the manufacturer or otherwise.
It all turns on the paperwork, as always.
What's the cost of a battery? Probably not worth doing much more than speaking to the manager at the place you bought it and trying to get
1/3rd off a new battery.
If he won't budge, buy your battery elsewhere and name and shame the shop for poor customer service.
*sorry, missed that you've already bought the replacement - haggle for some money back but only if it's worth your time. Principles are
expensive.
[Edited on 2/3/14 by ravingfool]
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spaximus
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| posted on 2/3/14 at 02:24 PM |
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Batteries are the worst thing for warranties. The retailer is who your contract is with, however, as a battery is a technical item they cannot say if
it is faulty hence sending it away. Many companies do this, which is a pain in the arse as people need their cars.
If the battery was deemed not faulty, then they should return it. If it is faulty they should refund in line with the warranty agreement, most I know
just give you a new battery not cash, unless you have bought one of theirs.
Now in this case, if the supplier is saying as they no longer do that make they can do nothing, that is a bit wrong, as it still comes back to your
contract with the retailer. If you have met all the conditions then they should offer a replacement battery or cash. Most will offer a new battery.
As it is a relativly low value item taking it to small claims is more hassle than it is worth.
As an aside, I work in the parts industry and 95% of "faulty" batteries are not. There are a lot of things that can cause a flat battery
but it is always blamed.
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ReMan
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| posted on 2/3/14 at 03:04 PM |
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As others have said, if you have reciept etc then I'd suggest to them that they atre liable and need to provide a refubd, or (if yiou weant to
cobnclude quickly a 30% rebate
www.plusnine.co.uk
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perksy
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| posted on 2/3/14 at 06:24 PM |
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Bought a battery a few years ago from the local UNIPART centre and it came with a 3 year warranty.
It failed just before the 3 years was up and i went back expecting them to say they would give me so much off a new one.
Nope, They said it has failed within warranty, So please accept a brand new battery with our compliments
Can't ask for more than that...
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Oddified
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| posted on 2/3/14 at 07:17 PM |
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I too have a had battery replaced for free within the warrenty period (about 2 1/2 years out of a 3 year). Took it into the shop, quick test with load
tester thingy 'yep that's knackered here's a new one'. Thank you very much 
They wouldn't give me a receipt/guarentee for the new replacment though, but all things considered i've no complaints with that.
Ian
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