A quick poll about warranties

Bought an MSoft mouse from Amazon.co.uk with 5 year warranty. Right
button on the fritz after nearly three years.

Amazon says I have to contact MSoft, on reflection, I feel that Amazon
(as the retailer) should deal with it. As warranty is 1 year, I don't
know if the law treats warranties over any legal minimum differently.

What do you think?

TIA.

--
Cheers,

Guy

** Stress - the condition brought about by having to
** resist the temptation to beat the living daylights
** out of someone who richly deserves it.

"Dr Teeth" wrote in message
...
Bought an MSoft mouse from Amazon.co.uk with 5 year warranty. Right
button on the fritz after nearly three years.

Amazon says I have to contact MSoft, on reflection, I feel that Amazon
(as the retailer) should deal with it. As warranty is 1 year, I don't
know if the law treats warranties over any legal minimum differently.

The warranty is with Microsoft not Amazon they have no duty moral or legal
to assist you

--

regards

I was just thinking how wonderful life was, when "The Pirate"
opened his gob and said:

The warranty is with Microsoft not Amazon they have no duty moral or legal
to assist you

Thanks. But when is a warranty with the manufacturer and not the
retailer?

TIA.

--
Cheers,

Guy

** Stress - the condition brought about by having to
** resist the temptation to beat the living daylights
** out of someone who richly deserves it.

Dr Teeth wrote:
I was just thinking how wonderful life was, when "The Pirate"
opened his gob and said:


The warranty is with Microsoft not Amazon they have no duty moral or legal
to assist you


Thanks. But when is a warranty with the manufacturer and not the
retailer?

Your contract was with the retailer - you could take it up with them and
pursue the in the Courts, if necessary. However, 3 years could be argued
to be a reasonable life expectancy for a consumer item such as a mouse
and the problem could easily be regarded as fair wear and tear. You may
easily lose the argument.


However, the manufacturer offered you a warranty in addition to your
legal rights. Where you don't have to argue about whether it was of
merchantable quality when supplied.

So, you have the choice.

--
Sue

Thanks. But when is a warranty with the manufacturer and not the
retailer?

Your contract was with the retailer - you could take it up with them and
pursue the in the Courts, if necessary. However, 3 years could be argued
to be a reasonable life expectancy for a consumer item such as a mouse and
the problem could easily be regarded as fair wear and tear. You may easily
lose the argument.

There warranty was supplied by the manufacturer not the retailer.

The retailers legal responsibility ended 6 months after you purchased it
any additional rights - in your case the warranty is with Microsoft.
Give them a call and see how they handle it.

--
regards

On Tue, 4 Jul 2006 22:30:11 UTC, "The Pirate" wrote:

The retailers legal responsibility ended 6 months after you purchased it

That part is incorrect. The six months refers merely to the need to
provide proof that the item was inherently faulty. Legal responsibility
is flexible, and depends on a 'reasonable life'. For a mouse, probably
not as much as three years, hence the need to fall back on the
manufacturer's warranty.


--
[Davism - a condition by which the sufferer experiences an inability
to give concise answers, express reasoned argument or opinion.
Usually accompanied by silly noises and gestures - incurable, early
euthanasia recommended.

The Pirate wrote:

Thanks. But when is a warranty with the manufacturer and not the
retailer?


Your contract was with the retailer - you could take it up with them and
pursue the in the Courts, if necessary. However, 3 years could be argued
to be a reasonable life expectancy for a consumer item such as a mouse and
the problem could easily be regarded as fair wear and tear. You may easily
lose the argument.


There warranty was supplied by the manufacturer not the retailer.

The retailers legal responsibility ended 6 months after you purchased it
any additional rights - in your case the warranty is with Microsoft.
Give them a call and see how they handle it.


If the goods are less than six months old, it's up to the seller to
prove they weren't faulty when the buyer bought them. After six months,
it's up to the buyer. Of course, this assumes that the goods were
expected to last six months.

The retailer's legal responsibility certainly does not end after 6
months. What happens after 6 months is that the balance shifts from the
seller having to prove that they weren't faulty to the buyer having to
prove that the goods were defective by design, manufacture or materials
at the time of purchase.

Warranties are in addition to legal rights.

You can certainly pursue a seller over faulty goods long after 6 months.

--
Sue

I was just thinking how wonderful life was, when Palindr?me
opened his gob and said:

You can certainly pursue a seller over faulty goods long after 6 months.

And I have successfully done so; though Amazon.co.uk did not give in
without a small fight. It involved a digital camera that started
producing rubbish photos about 15-18 months after purchase. They tried
the usual 'your warranty is for 12 months, so get lost' routine first.

--
Cheers,

Guy

** Stress - the condition brought about by having to
** resist the temptation to beat the living daylights
** out of someone who richly deserves it.

[cross-posted to uk.legal]
Original query was "Bought an MSoft mouse from Amazon.co.uk with 5 year
warranty. Right button on the fritz after nearly three years."

Palindr☻me wrote:
Dr Teeth wrote:
I was just thinking how wonderful life was, when "The Pirate"
opened his gob and said:


The warranty is with Microsoft not Amazon they have no duty moral or
legal to assist you


Thanks. But when is a warranty with the manufacturer and not the
retailer?

Your contract was with the retailer - you could take it up with them and
pursue the in the Courts, if necessary. However, 3 years could be argued
to be a reasonable life expectancy for a consumer item such as a mouse
and the problem could easily be regarded as fair wear and tear. You may
easily lose the argument.

Ordinarily, perhaps. But surely the mere fact that the maker offers a
5-year warranty shows that the expected lifetime is greater than 5
years? Therefore a failure in a shorter time shows the goods were not to
the expected standard, therefore the retailer should make good.

IANAL of course.


However, the manufacturer offered you a warranty in addition to your
legal rights. Where you don't have to argue about whether it was of
merchantable quality when supplied.

So, you have the choice.



--
Please use the corrected version of the address below for replies.
Replies to the header address will be junked, as will mail from
various domains listed at www.scottsonline.org.uk
Mike Scott Harlow Essex England.(unet -a-t- scottsonline.org.uk)

Mike Scott wrote:
[cross-posted to uk.legal]
Original query was "Bought an MSoft mouse from Amazon.co.uk with 5 year
warranty. Right button on the fritz after nearly three years."

Palindr☻me wrote:

Dr Teeth wrote:

I was just thinking how wonderful life was, when "The Pirate"
opened his gob and said:


The warranty is with Microsoft not Amazon they have no duty moral or
legal to assist you



Thanks. But when is a warranty with the manufacturer and not the
retailer?

Your contract was with the retailer - you could take it up with them
and pursue the in the Courts, if necessary. However, 3 years could be
argued to be a reasonable life expectancy for a consumer item such as
a mouse and the problem could easily be regarded as fair wear and
tear. You may easily lose the argument.


Ordinarily, perhaps. But surely the mere fact that the maker offers a
5-year warranty shows that the expected lifetime is greater than 5
years? Therefore a failure in a shorter time shows the goods were not to
the expected standard, therefore the retailer should make good.

IIUC, the buyer would still need to prove that the item was defective,
through fault in design, manufacture or materials, at the time of purchase.

So would have to prove that the failure wasn't a result of fair wear and
tear but an underlying fault.


IANAL of course.

Me neither..




However, the manufacturer offered you a warranty in addition to your
legal rights. Where you don't have to argue about whether it was of
merchantable quality when supplied.

So, you have the choice.