A quick poll about warranties

In article , Dr Teeth
says...
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?

Contact Microsoft.


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"Palindr?me" wrote in message
...

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.

The defect is that it lacks the durability implied by the 5-year warranty,
given reasonable wear and tear.

If it is the right button that has gone wrong then it seems there could be a
fault. It is normally the left-button that goes first (unless the buttons
have been reversed).

Iain

On Wed, 05 Jul 2006 08:59:36 +0100, Palindr?me
wrote:

snip

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.

If I understand the OP correctly, MS (not amazon) offered a 5 year
warranty on the mouse. Assuming that the mouse was subject to the wear
and tear that one would normally expect, I would not expect to have
prove anything other than that I bought the mouse less than 5 years
ago. Burden of proof etc. only applies when one is into trying to
determine what the law's "reasonable" period may be. In this case,
there is no argument, MS has stated their mouse is good for 5 years.

For the OP:- Take the matter up with the company that offered the 5
year warranty - which I take to be MS. I found them to be more than
reasonable when my mouse failed. That was a damn sight more than 5
years ago and the replacement they sent me is still going strong.
Regards,
vj

The Pirate wrote:
"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

Your contract is with Amazon not Microsoft, if you can show the product has
a design fault, then good luck. The extra warranty offered by Microsoft cant
be enforced as part of your consumer rights, when you bought the mouse, this
situation has recently changed.

Gaz

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.

You are a Store Manager at Dixons and ICMFP. Remind me never to buy anything
from you, you cowboy. The legal responsibility for contracts last six years
not six months (that of course does not mean you have a six year warranty).

Gaz

You are a Store Manager at Dixons and ICMFP. Remind me never to buy
anything from you, you cowboy. The legal responsibility for contracts last
six years not six months (that of course does not mean you have a six year
warranty).

Gaz

Hello gaz
For the record I do not work for Dixon's or icmfp

How does contract law come into play ?

The Op has a product purchased 3 years ago with a warranty supplied
by the manufacturer.

--

regards

The Pirate wrote:
You are a Store Manager at Dixons and ICMFP. Remind me never to buy
anything from you, you cowboy. The legal responsibility for contracts
last
six years not six months (that of course does not mean you have a six
year
warranty).

Gaz

Hello gaz
For the record I do not work for Dixon's or icmfp


ICMFP = I claim my £5 note.......


How does contract law come into play ?

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.

The Op has a product purchased 3 years ago with a warranty supplied
by the manufacturer.

Which is in addition to your statutory rights, but, for the sake of a
pleasant life, much better chance of joy from MS.

Gaz

"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 ?

--
regards

"The Pirate" wrote in message
...

"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 ?

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

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

--
Unlock Your Phone's Potential
www.uselessinfo.org.uk
www.thephonelocker.co.uk
www.gsm-solutions.co.uk

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

the Op has a mouse that failed after 3 years

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

im asking a question hear not starting a war

--
regards