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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Under UK guarantee law is the retailer the first point of contact

Resolved Question:

Under UK guarantee law is the retailer the first point of contact to honour the guarantee if the item is proved defective within the manufacturer's warranty period, in this case 2 years? Please can you quote the relevant Act.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

There is no Act as this is a matter of contract law, which is common law.

Alex Watts :

But in short if there is a fault the first port of call is the person you contracted with to purchase it

Alex Watts :

I assume in this case Vodafone.

Alex Watts :

Therefore if there is a 2 year manufacturer warranty it is for Vodafone to sort it out with the manufacturer, not you.

Alex Watts :

Clearly if it is more than 6 months old you can't demand a replacement or refund, you can only settle for a repair

Alex Watts :

But Vodafone would sort that out with the manufacturer.

Alex Watts :

But there is no Act to quote as contract law is not prescribed by legislation

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

What about The Sale of Goods to Consumers Regulations 2002?

Customer:

Sorry about the delay in replying, but somebody called while talking to your help centre when, apparently my email address would not be accepted. How have I got this far when I do not have any password? I've lost faith in this process, so please cancel my subscription!

Customer:

Nothin personal Alex it's the system!

Alex Watts :

Are you online as you rated bad service?

Customer:

Yes, see reason above.

Alex Watts :

Do you still need help?

Customer:

Well it's now a technical issue with the site. I lost faith when call centre told me they are in the Philippines! I could not complete the registration process, because it said my email address was already being used by ano, but here I am using the system, but no password ***** - bizarre!

Alex Watts :

They are based in the USA but as a UK expert I am over here

Alex Watts :

The The Sale of Goods to Consumers Regulations 2002 is nothing to do with contract law.

Alex Watts :

You have a claim under the Sale of Goods Act - not fit for purpose and merchantable quality

Alex Watts :

But if it is over 6 months then you cant reject goods - its too late at that point

Alex Watts :

So you can accept a repair or replacement but they only have to offer you a repair

Alex Watts :

Does that clarify?

Customer:

Yes thank you and I'll revise my rating, if you answer how I get my password/registration sorted, please. I can't get anywhere online with it as it will not accept my email address. Sorry as this should not be your concern!

Alex Watts :

As login issues, as an expert I have no access whatsoever to that. I can only see questions and answer them - nothing else.

Alex Watts :

Might I ask you to email customer services to resolve that issue?

Alex Watts :

I would help you if I had access but sadly I do not

Customer:

Yes - understood and my regrets for the hassle to you.

Alex Watts :

No need to apologise - I understand that it can be frustrating.

Alex Watts :

I will also email the moderator to make them aware of your concerns.

Customer:

Thanks - goodbye x

Alex Watts :

But if I could invite you to re-rate my answer before you go today - thank you

Customer:

Have already

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