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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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What rights does a business have for claiming replacement for

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What rights does a business have for claiming replacement for faulty goods? Bought a high end executive laptop which went wrong just under a year old. Reseller states that all repairs must be claimed against the manufacturer. Manufacturer has attempted repair twice so far and failed. During the repair period the laptop has now gone over a year old and reseller state it is out of warranty and will not offer any assistance.

For what purpose was the laptop bought for and was it brand new?
Customer: replied 3 years ago.
It was purchased to resell to a customer and it was purchased brand new
Were there any exclusions in the terms and conditions of purchase e.g. Excluding liability for claims in connection with quality, fitness for purpose?
Customer: replied 3 years ago.
Their terms and contentions are tucked away in a web link that is emailed after the order has been made.

It states


16.1 The Seller is a re-seller and not a manufacturer of the Products. In this respect and to the fullest extent permissible by law, the Seller is unable to offer any express warranties of any kind whatsoever in respect of the Products.

16.2 Save to the extent that any exclusion or restriction of liability may be prohibited by statute, all implied warranties relating to the Products (statutory or otherwise) including (without limitation) any warranties relating to quality or fitness for a particular purpose, shall be fully excluded.

16.3 The Products may be sold with a manufactures warranty, details of which shall be dispatched with the Products.

16.4 Products which are found to be defective following delivery shall be dealt with by the Customer in accordance with any subsisting manufacturer's warranty. For the avoidance of doubt, this may mean that the Products are repaired as opposed to replaced and must be returned directly to the manufacturer as opposed to the Seller.

Thank you.

Under the Sale of Goods Act, your rights are against the seller, not the manufacturer.

However, as you are a business re selling the products, the exclusion of liability for quality, fitness for purpose etc is permitted under the Unfair Contracts Terms Act.

However, you could try and argue that you are not bound by their terms and conditions as they were notified to you after placing the order. The court would have the final say over this and it could go either way I.e. 50-50 chance of the court finding in your favour.

If you wish to go ahead and take the matter to court, you may file a claim online at for the refund of your money and see what happens. Otherwise I am afraid you will need to write off the amount if you do not wish to go to court over this.

Hope this helps

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