Warranty in (Re)sale between Private Individuals

  Slimmer Jim 06:23 25 Apr 2016
Locked

Hi! I am contemplating buying a supposedly new item from someone who won it in a lucky draw. Wondering if the manufacturers product warranty will cover me in the event it needs repair by the manufacturer ? Will I need to produce details of how I "won" the item?

Based on a jul 13 2013 response here, i understand that the warranty only covers the party to the sale--the consumer who bought it from the retailer. But in my case, it's a brand new item (so he claims) won in a draw, so practically does it matter if it was resold to me for the warranty to be valid?

Much obliged for any help anyone has to offer!

SJ

  RV510 08:58 25 Apr 2016

The only way any warrantee would be honoured is the statutory manufacturers warrantee, which would only be valid if the date code on the item, if there is one, shows that it was under 12 months old or less at the time of any fault showing or if there is a receipt of purchase accompanying the item from where it was purchased and even then it would have to show a purchase date within the last 12 months, other than that if there is no such documentation and no written warrantee from the seller then there is none. For a definitive answer contact the CAB, Citizens Advice, they should be able to tell you the exact position.

  Slimmer Jim 07:09 20 Jul 2016

i see, thank you much!

  Forum Editor 22:15 24 Jul 2016

Bear in mind that a manufacturer's warrantee is in addition to your statutory rights. UK consumer legislation states that liability for faults in anything you purchase rests squarely with the person or retailer you purchased the item from.

A manufacturer may well offer a warrantee covering manufacturing faults, but it is not for you, as a purchaser, to deal with them. Your contract is with the seller, and in law the seller is responsible to you if there's a problem. The legislation applies to private sales between two individuals in just the same way.

In practice, you would probably find that the manufacturer would honour the warranty, provided the problem was the result of a manufacturing fault. That is as far as it goes - the makers are not responsible to you for anything else.

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