A quick poll about warranties

The Pirate wrote:
"Gaz" wrote in message
...

The Pirate wrote:
ICMFP = I claim my £5 note.......
When you buy goods you enter into a contract, liabilities for that
contract extend up to six years.
Your statement:
"The retailers legal responsibility ended 6 months after you purchased it"
is wrong wrong wrong wrong.
That said, in this situation, a remedy would be much better found by
contacting MS.


how are amazon in this case then responsible under contract ?


These are the responsibilities by virtue of the contract and the SOGA:

Amazon sold it. They had a responsbility to supply goods of merchantable
quality without defects. Goods that would last a reasonable time,
determined by the nature of the goods sold.

Had the item failed within the first 6 months, Amazon would have either
had to repair or replace it or *prove* that it wasn't defective when
sold - a very difficult thing to do.

The item failed after 6 months but, arguably, within the normal life
expectancy of such an item. If the *buyer* could prove that the item
failed because of a defect that was present at the time of purchase (a
very difficult thing to do, normally), then Amazon would have had to
repair or replace it. Even though this was 3 years after purchase.

If the buyer wanted to exercise his legal rights under SOGA, he would go
to the retailer, Amazon, for repair or replacement - if necessary taking
them to court to get his legal rights enforced. He could do that at any
time within the reasonable life expectancy of the product. In this case,
as the manufacturer warranted the item to work for 5 years, the
purchaser could argue that that was its expected life.


However, in addition to the legal rights above, the purchaser has an
additional warranty provided by the manufacturer.

So, instead of attempting to find a remedy by virtue of the rights
arising from SOGA and the contract, the buyer can exercise his
additional rights, as provided by the manufacturer's warranty. He does
that by contacting the manufacturer (who provided the additional
warranty) rather than the retailer.

--
Sue

"Palindr☻me" wrote in message
...
The Pirate wrote:
"Gaz" wrote in message
...

The Pirate wrote:
ICMFP = I claim my £5 note.......
When you buy goods you enter into a contract, liabilities for that
contract extend up to six years.
Your statement:
"The retailers legal responsibility ended 6 months after you purchased
it" is wrong wrong wrong wrong.
That said, in this situation, a remedy would be much better found by
contacting MS.


how are amazon in this case then responsible under contract ?


These are the responsibilities by virtue of the contract and the SOGA:

Amazon sold it. They had a responsbility to supply goods of merchantable
quality without defects. Goods that would last a reasonable time,
determined by the nature of the goods sold.

Had the item failed within the first 6 months, Amazon would have either
had to repair or replace it or *prove* that it wasn't defective when
sold - a very difficult thing to do.

The item failed after 6 months but, arguably, within the normal life
expectancy of such an item. If the *buyer* could prove that the item
failed because of a defect that was present at the time of purchase (a
very difficult thing to do, normally), then Amazon would have had to
repair or replace it. Even though this was 3 years after purchase.

If the buyer wanted to exercise his legal rights under SOGA, he would go
to the retailer, Amazon, for repair or replacement - if necessary taking
them to court to get his legal rights enforced. He could do that at any
time within the reasonable life expectancy of the product. In this case,
as the manufacturer warranted the item to work for 5 years, the purchaser
could argue that that was its expected life.


However, in addition to the legal rights above, the purchaser has an
additional warranty provided by the manufacturer.

So, instead of attempting to find a remedy by virtue of the rights arising
from SOGA and the contract, the buyer can exercise his additional rights,
as provided by the manufacturer's warranty. He does that by contacting the
manufacturer (who provided the additional warranty) rather than the
retailer.



Sue
Thank you !
That's the most comprehensible explanation of the various issues I think
I've ever heard!
It even makes sense


--
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Please read http://dts-l.org/goodpost.htm on how to post messages to NG's

So, instead of attempting to find a remedy by virtue of the rights arising
from SOGA and the contract, the buyer can exercise his additional rights,
as provided by the manufacturer's warranty. He does that by contacting the
manufacturer (who provided the additional warranty) rather than the
retailer.


exactly my point
the warranty is not with amazon but with microsoft

--
regards

On 2006-07-04, The Pirate wrote:

The retailers legal responsibility ended 6 months after you purchased it
any additional rights

No. For consumer law it is fitness for purpose. ie it depends on what is
a reasonable lifespan for the item in question. eg a Roof on your House
vs an apple.

Lordy

Sue,

Many thanks for your comprehensive and clear answer.

--
Cheers,

Guy

** Stress - the condition brought about by having to
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** out of someone who richly deserves it.

"The Pirate" wrote in message
...
how are amazon in this case then responsible under contract ?

FFS! Go and read SOGA and try to understand it.

Once you've done that, feel free to come back and apologise. ;-)

FFS how very charming

ive read the soga

You may have, but you haven't understood it.

the Op has a mouse that failed after 3 years

how are amazon responsible for the warranty that was offered
by microsoft ?

The warranty is irelevant. The supplier is legally responsible for up to
six years. Given that the manufacturer supplies this particular item with a
five year warranty, it's perfectly reasonable to expect it to last at least
five years and therefore Amazon should replace or repair it.

Having said that, as others have pointed out, Microsoft are actually pretty
good at honouring their warranties and it will probably be easier and
quicker to go to them directly for resolution. This does not change
Amazon's responsibilities though.

im asking a question hear not starting a war

No offence was intended, sorry if it came across that way.

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im asking a question hear not starting a war

No offence was intended, sorry if it came across that way.

None Taken

--
regards