electric drill purchase - legal querie

[pilotlight]

If I purchased a electric drill from a large store, and three months later it broke down, would I be legally entitled to ask for a replacement, or would the store be legally entitled to instruct me to contact the manufacturer myself and make my own arrangements regarding repair / replacement ?

[gammaray]

Normally electrical items come with a 12 month manufacturers guarantee. This is a standard guarantee which is basically your proof that the item is going to last at least 12 months. The retailer is bound by the sale of goods act, which basically says that the goods you buy must be of merchantable quality and fit for purpose. In theory this should mean they are responsible for the item for the life of the manufacturers guarantee but in practice will probably refer you to the manufacturer who will arrange repair of replacement if a few months have elapsed since you bought it. In any event you should be able to get the thing sorted free of charge.

If the product is an "own brand" item the retailer should offer to repair of replace it themselves.

[gammaray]

This is a good example of why you should always fill in and send the guarantee cards that you get with the instructions. You never know when you might need it.

[pilotlight]

Just to stress the " legal " part of my original posting.

Would I be within my rights to insist that the store offered me a replacement drill ?

[Top_Gooner]

I would consider that a drill which has only lasted three months was not of merchantable quality. I would expect to be offered a replacement or a full refund.

[Ralph]

I agree with Top_Gooner, it's covered under your statutory rights. The contract you have is with the shop you bought it from and is legally nothing to do with the manufacturer. If the retailer wants to "counter-sue" the manufacturer, that's up to them.

[WoWo]

OK so I purchase a drill, use it once, leave it in the rain for a week and then find it doesn't work.

Was the drill of merchantable quality?

[foulecamp]

Stores are becoming far more wary about returns and often insist on checking them before issuing refunds, replacements, etc. Probably because of WoWo and like-minded people who wreck it for everyone else.

[Oneeyedvic]

Your contract is with the store not the manufacturer. Unless the store has gone out of business, the manufacture should not be contacted.

You are well within your rights to ask for a refund / replacement so long as you have followed the instructions (and used common sense).

If the store refuse to honour their commitment then ask to speak to a manager and if they still refuse, contact your local trading standards and possibly your local newspaper.

If (as an example) the manufacturer is in China, do you think anyone would return the item? Of course not - it is down to the retailer.

[BigB]

Most guarantees cover the item against manufacturing or material defects only. If a drill was left in the rain for a while it is hardly the fault of the manufacturer. Some stores may request an inspection of the item to find out how it failed and if it was misuse and abuse they would not pay. Generally though most will give refunds as failing to do so could give bad publicity or poor reputation.

[Buenchico]

OneEyedVic has stated the most important part of the answer. i.e. your contract was with the store and not the manufacturer. Irrespective of any guarantee from the manufacturer, you should claim against the store.

You have the legal right to demand that the store rectifies the matter. The store has the right to decide whether they choose to get the drill repaired (unlikely) or offer a replacement. Either of these courses of action will meet their legal obligation to you.

You have no legal right to demand a refund of your money. (This right ceased to exist at the point when you were legally deemed to have 'accepted' the goods. This would normally be shortly after you got the drill home and first tried it out). This, of course, does not prevent the store from offering a refund if they wish to do so.

Chris

[aviator]

http://www.dti.gov.uk/ccp/topics1/facts/salegoodsact.htm

have a look here, it gives u a fair outline