Jump to content

Views and thoughts and comments


aljen

Recommended Posts

When is a warranty not a warranty.

 

When we bought our latest m/home it had an expensive bit of kit already fitted, van was just over a year old, 3000mls. We were told at the time of purchase that the dealer would not cover any after market accessories fitted to the van. A few weeks later the bit of kit stopped working and i contacted the company that had supplied the item, they informed me that although the unit had a 3 year warranty and more if installed by an approved agent it was no longer covered as i was not the person that bought it in the first place. I had thought that it was the equipment that was covered, not the person who had it installed. Now being asked to stump up a couple of hundred quid to have it upgraded to make it work. Am i being ungrateful or expecting too much for a item that should last a good few years without problems?

 

Alan

Link to comment
Share on other sites

Guest JudgeMental

Oyster sat by any chance? :D

 

As you bought van from a dealer you may have a claim under the sales of goods act. Try citizens advice/trading standards....I would ignore what the dealer says and find out your legal position

Link to comment
Share on other sites

The question is, the supplier of the equipment stating that his warranty expiring when the vehicle is sold to another thus giving him a get out clause despite stating in his brochure that the item is covered by a 3 year warranty and offering nothing more than having it repaired at my cost, not a very good warranty by a well recognised company i feel, not worth the paper it is written on
Link to comment
Share on other sites

This may be covered by Sale of Goods Act. I quote from "Which" website :-

"Sale of Goods Act 1979

 

Goods supplied by traders must be 'as described', 'fit for their purpose' and of 'satisfactory quality'. Basically, they should be safe, durable and free from faults or defects. If a trader breaches these laws then you could have a right to a refund, repair or replacement." You refer to "upgrading" however and a technical item may not be unfit for purpose or not of satisfactory quality just because it needs periodic upgrades, e.g. computer software, satnav mapping etc.

 

IF there is a quality/fitness issue then the fact that your vehicle was not new does not necessarily mean that you have no warranty and the dealer cannot exclude your statutory rights by means of a contractual provision. The accessory was sold by the dealer as an integral part of the vehicle Your exact rights will depend on exact circumstances and it may well be worthwhile getting advice from CAB, or other competent adviser. There is no contractual relationship between you and the manufacturer so it is a matter for the dealer.

In short get advice if free or cost justifiable.

Link to comment
Share on other sites

I suspect this will depend on whether the dealer charged a premium on the van's purchase price for it having this extra "kit" on it. If he did then it should be of merchantable quality and functional. If not then it was in effect given to you as a bonus but with no promise that it was functional. I'm no legal expert but I suspect that if my scenario is what happened then you have no come back. Did the dealer use this "kit" as a selling point?

 

D.

Link to comment
Share on other sites

Just to clarify a few points

 

The dealer did not fit the accessory, it was fitted a month after the van was bought new. It was one of the things that attracted us to the van, as we were looking at having one fitted,that and a solar panel, and a towbar, all useful extras and very low milage. We asked if all was in working order and on handover we were told that they had checked the item and said that it was working. We took it home and the next weekend i took it out, we cannot get reception at the house, took inverter with me and checked it, all worked fine. Next weekend we went to a campsite and in the middle of a field nothing!!!! i checked everything but no picture, i could hear it working but not finding anything. When we got home i re-read the manual and checked all the connections, but nothing was amiss. A week later we went on holiday and again it would not work. I contacted the dealer and he suggested contacting the supplying company direct as it was barely a year old, i ran through the system with them and we could not get it locked on at all, they suggested bringing the van to them to have a look, but that would mean breaking up our holiday and a round trip of over 500miles, so not really feasable. On my return i contacted them again and i had to photograph the unit and send the pics to them to verify the model no. We did not have any receipts at all as we did not buy the unit. They confirmed that i had an older part fitted and that had now been replaced by a newer one and if i removed the unit and post it to them they would replace the part for approx £200. Its my agruement that if they have a warranty for the unit for 3 years it should have been repaired under the warranty, but as they have pointed out on several occassions that the warranty was with the original buyer not any future owner. The warranty they give is not a warranty in my opinion, unless someone will correct me here

Link to comment
Share on other sites

aljen - 2012-10-10 7:50 AM

 

Just to clarify a few points

 

The dealer did not fit the accessory, it was fitted a month after the van was bought new. It was one of the things that attracted us to the van, as we were looking at having one fitted,that and a solar panel, and a towbar, all useful extras and very low milage. We asked if all was in working order and on handover we were told that they had checked the item and said that it was working. We took it home and the next weekend i took it out, we cannot get reception at the house, took inverter with me and checked it, all worked fine. Next weekend we went to a campsite and in the middle of a field nothing!!!! i checked everything but no picture, i could hear it working but not finding anything. When we got home i re-read the manual and checked all the connections, but nothing was amiss. A week later we went on holiday and again it would not work. I contacted the dealer and he suggested contacting the supplying company direct as it was barely a year old, i ran through the system with them and we could not get it locked on at all, they suggested bringing the van to them to have a look, but that would mean breaking up our holiday and a round trip of over 500miles, so not really feasable. On my return i contacted them again and i had to photograph the unit and send the pics to them to verify the model no. We did not have any receipts at all as we did not buy the unit. They confirmed that i had an older part fitted and that had now been replaced by a newer one and if i removed the unit and post it to them they would replace the part for approx £200. Its my agruement that if they have a warranty for the unit for 3 years it should have been repaired under the warranty, but as they have pointed out on several occassions that the warranty was with the original buyer not any future owner. The warranty they give is not a warranty in my opinion, unless someone will correct me here

 

But that's the point, nobody gave YOU a warranty on this item. The original purchaser had a three year warranty on it but it was none transferrable. Your deal was with the dealer who sold you the motorhome not the original seller of the kit in question. As I said before if the dealer used this kit as a selling point then you may have a case otherwise I doubt it but I'm no legal expert.

 

D.

Link to comment
Share on other sites

Maybe I am wrong here, but it seems to me that there maybe nothing wrong with the the unit,and it is working the way it was designed to. But because of new satellite configurations the software will not reset to the new settings. Therefor an upgrade is required, are upgrades covered by the warranty ? I would doubt it as the manufacturer could not see into the future. I think the first thing you need to do, is establish if it is faulty, or just needs an upgrade.

Brian B.

Link to comment
Share on other sites

Guest JudgeMental
A warranty is just a manufacturers promise and has no legal standing, Sales of goods act is law and governs consumer rights....I really don't get what you hope to achieve asking on here, you have been advised countless times to just call local Citizens advice? They will tell you where you stand immediately over the phone..... its free and could have been done days ago*-)
Link to comment
Share on other sites

aljen - 2012-10-10 7:50 AM

 

Just to clarify a few points

 

The dealer did not fit the accessory, it was fitted a month after the van was bought new. It was one of the things that attracted us to the van, as we were looking at having one fitted,that and a solar panel, and a towbar, all useful extras and very low milage. We asked if all was in working order and on handover we were told that they had checked the item and said that it was working. We took it home and the next weekend i took it out, we cannot get reception at the house, took inverter with me and checked it, all worked fine. Next weekend we went to a campsite and in the middle of a field nothing!!!! i checked everything but no picture, i could hear it working but not finding anything. When we got home i re-read the manual and checked all the connections, but nothing was amiss. A week later we went on holiday and again it would not work. I contacted the dealer and he suggested contacting the supplying company direct as it was barely a year old, i ran through the system with them and we could not get it locked on at all, they suggested bringing the van to them to have a look, but that would mean breaking up our holiday and a round trip of over 500miles, so not really feasable. On my return i contacted them again and i had to photograph the unit and send the pics to them to verify the model no. We did not have any receipts at all as we did not buy the unit. They confirmed that i had an older part fitted and that had now been replaced by a newer one and if i removed the unit and post it to them they would replace the part for approx £200. Its my agruement that if they have a warranty for the unit for 3 years it should have been repaired under the warranty, but as they have pointed out on several occassions that the warranty was with the original buyer not any future owner. The warranty they give is not a warranty in my opinion, unless someone will correct me here

 

So you where 'attracted' to the van by the sat system, does that mean the dealer advertised the van as having it fitted? if so then they are reseponsable for getting it fixed.

As for the sat system suppliers, you have not and never have had a contract with them.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...