Faulty Vax

[Hazel104]

I purchased a Vax back in Aug this year, it has subsequently broken (a section on the bottom has snapped off) I have contacted the catalogue I purchased the Vax from but they are saying I need to contact the manufacturer and they will sort it out, but surely my contract is with them, and they should do the contacting etc? I thought according to the Sales of Goods Act they were responsible as the retailer or have I read that incorrectly?

[voltr4m4x]

No, the people who publish the catalogue are not legally responsible for claims made for faulty manufactured goods.

I trust you will have registered the product (the Vax) with the manufacturer within a stated time from the date of purchase, and your claim is with the manufacturer, not the catalogue.

There is a slight difference had you purchased the Vax in a Store, where the Store (such as Argos, for example) will also offer you compensation usually within 28 days of purchase without infrigement of your statutory rights against the manufacturer.

[Hazel104]

I've sorted this now thank you, I was correct! I found a better version of the Sales of Goods Act it says;

It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

Is it true that I have to complain to the manufacturer?
No. You bought the goods from the trader, not the manufacturer, and the trader is liable for any breaches of contract (unless he was acting as the manufacturer's agent).

Once I called back and quoted this they seemed to change their tune!

[Stu Dent]

Well done Hazel. You are right on the money and managed to solve your own legal problem without any help!!

[Hazel104]

Thank you Stu Dent, Google is great is is not?! ;-)

[voltr4m4x]

Hazel... I admire your tenacity - I really do ! But before you go skipping off to make your claim (for which, by the way, I wish you the very best of luck) you may wish to take further advice on this one... try your local Citizens' Advice Bureau - it could save you time and money in the long term !

But...like I say, Good Luck !

[Hazel104]

hahahahah don't be so condescending!
I have already "skipped off" (god you make me sound about 12) and as I stated the matter has been resolved and I am well within my rights to go the retailer I bought the goods from.

No idea why you keep referring to a claim as I have not asked anything about a claim just whom I need to approach to make one.
I do not want a refund and would probably not be offered one anyway as they do not have to. They have offered to take it away to be repaired by the manufacturer and if that is not suitable then I will receive a replacement (which depends on the fact is it cheaper for them to repair or replace) all proper and correct. Just glad I have a crappy spare for over Christmas!

This is where I got my info from.
http://www.berr.gov.uk/whatwedo/consumers/fact -sheets/page38311.html

Thank you for your help though :-)