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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Warranty Question: I paid a wholesaler product, and

Resolved Question:

Warranty Question:
I paid a wholesaler for a product, and they shipped it directly to my customer.
A fault develops on the item - a generator, so quite heavy - and customer contacted the sales support for the brand, who refused to help as "they couldn't locate the order", well, they wouldn't as it was bought via wholesaler.
Where do I, as a retailer, and the customer, stand to get this fix? Fault happened after a few hours of use, and wholesaler customer service is non existant.
Regards,
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Who did the customer pay, you or wholesaler?
Customer: replied 1 year ago.

The customer paid me Alex, I paid the wholesaler ...

Expert:  Ash replied 1 year ago.
You would be liable. This is because if you were paid then a contract is between you and the customer. Therefore you would be liable to the customer depending on if they were a consumer or business, whether there was a warranty etc.However under the Sale of Goods Act (or Consumer Rights Act 2015 if a consumer), you would be liable. Just as your supplier would be liable to you.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.

Even though brand company didn't supply item directly to customer, the manufacturer warranty should still valid? I am happy to work with manufacturer on customer behalf to get this fixed. Customer is very patient.

Expert:  Ash replied 1 year ago.
Yes. That is correct. Your customers contract is with you, your contract is with who you purchased off.
Expert:  Ash replied 1 year ago.
Does that clarify? Alex
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