Friday 20 April 2018

Out of warranty -- but am I out of luck?

Q Tony contacted Smart Consumer about two pairs of reading glasses he purchased in April of last year.

Recently, when he went to take off one of the pairs of the designer glasses, one of the arms "simply snapped off". So he returned them to the shop where they had been purchased. But the shop said that the warranty was just for one year and Tony would have to pay €190 to replace them.

"So, how am I fixed on this," asks Tony. "Am I out of luck because of the one-year warranty, or does the manufacturer still have some responsibility as the 'goods' were obviously not up to the job? Also, has the shop not got a responsibility as the seller of the glasses?"

A The retailer is legally obliged to provide Tony with a remedy (at no cost) should a product they sell be or become defective. That is the seller's responsibility.

Under our Statute of Limitations you can make a claim against them within six years, and given that Tony used two pairs of glasses only for occasional reading purposes, you would expect the arm not to fall off after one year.

This means that he can expect repair first, but if that doesn't work or isn't possible, then replacement or refund -- maybe partial at this stage, given a year has passed.

These are his statutory rights under the Sale of Goods and Supply of Services Act 1980, and exist in addition to and separate from any manufacturer warranty that may be provided.

Therefore, it doesn't matter that the manufacturer's warranty has expired.

Whatever subsequent dealings the retailer has with the manufacturer in relation to this is their concern.

Irish Independent

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