Who's my contract with ?

[headlight]

3 weeks ago my starter battery failed.
It was 13 months old and had a 3 year warranty.
I had to buy a new one.
I contacted the motor factors it came from to see about claiming under the warranty.
They wanted me to take the battery back to them but they are 480 miles away.
I offered to take the battery to a local Yuasa supplier or Yuasa themselves, 25 miles away.
Both these suggestions were refused.
The factors then asked me to send them a copy of the report and proof of purchase which I did.
I have chased up the motor factors today and been told that I must return the battery to their suppliers as that is who my warranty is with.
Their suppliers are over 400 miles away from me.
Where do I stand as I would have thought my contract is with the factors who sold me the battery.
Neither the factors or their suppliers are willing to pay for me to post it to them.

 

[Odd-no-more]

As far as I know under the sale of goods act, the retailer is responsible. Although you say motor factor, so if it was a trade sale it may be different. If it was me I would write to the supplier and demand a refund, telling them the battery is available for collection. If they do not agree after 2 weeks I would write again and threaten a small claims court. Be sure you have the correct name and address of the supplier.

 

[Otter Spotter]

3 weeks ago my starter battery failed.
It was 13 months old and had a 3 year warranty.
I had to buy a new one.
I contacted the motor factors it came from to see about claiming under the warranty.
They wanted me to take the battery back to them but they are 480 miles away.
I offered to take the battery to a local Yuasa supplier or Yuasa themselves, 25 miles away.
Both these suggestions were refused.
The factors then asked me to send them a copy of the report and proof of purchase which I did.
I have chased up the motor factors today and been told that I must return the battery to their suppliers as that is who my warranty is with.
Their suppliers are over 400 miles away from me.
Where do I stand as I would have thought my contract is with the factors who sold me the battery.
Neither the factors or their suppliers are willing to pay for me to post it to them.

I would suggest you get them to agree to pay for a courier to collect to return to them.

 

[headlight]

It was a private purchase not a trade sale.
I have suggested to the place I bought it from that they can arrange a courier but was told no it has to be sent to their suppliers.
Their suppliers have told me that the return cost is down to me.
I don't see why I have to return it to the battery supplier as the supplier is nothing to do with me as I didn't buy it from the supplier I bought it from a shop.
Surely it is up to the shop to deal with their supplier, I only have to deal with the place I bought it from.

 

[Clivefog]

You have a receipt with the shop name on, a bill of sale?
That's who you bought it from.
Give them one last chance to do the right thing before going to small claims court.
I would contact Yuasa direct and see what they say.

^{_{Subscribers  do not see these advertisements}}

 

[headlight]

I've already contacted Yuasa who have said it's got nothing to do with them as I didn't buy it off them as they don't sell to the public.

 

[Emmit]

Your purchase is covered by 'The Consumer Act.
If you bought the product from the High Street, (as an example) and they in turn had it supplied by someone 400 miles away, that's between the shop you ordered it from and THEIR suppliers. It has nothing to do with you. It is NOT your responsibility.
Neither is it your responsibility to return the goods to anyone other than the premises you bought it from.

That's it.

 

[Emmit]

As far as I know under the sale of goods act, the retailer is responsible. Although you say motor factor, so if it was a trade sale it may be different. If it was me I would write to the supplier and demand a refund, telling them the battery is available for collection. If they do not agree after 2 weeks I would write again and threaten a small claims court. Be sure you have the correct name and address of the supplier.

The 'supplier' is the motor factor. The supply of the battery being 400 miles away has nothing to do with the sale of the battery under the Consumer Act which has superceded the Sale of Goods Act.

 

[Jimbohorlicks]

For what it's worth( if it helps) you can send a battery sized package of 15 kgs weight by Evrie.
Not the best carrier in the world but cheap enough.

 

[Otter Spotter]

It was a private purchase not a trade sale.
I have suggested to the place I bought it from that they can arrange a courier but was told no it has to be sent to their suppliers.
Their suppliers have told me that the return cost is down to me.
I don't see why I have to return it to the battery supplier as the supplier is nothing to do with me as I didn't buy it from the supplier I bought it from a shop.
Surely it is up to the shop to deal with their supplier, I only have to deal with the place I bought it from.

You contract is with the shop not the supplier, the ‘Sale of goods act 1979’ applies Google sea4ch will give you the ammunition you need

^{_{Subscribers  do not see these advertisements}}

 

[Emmit]

You contract is with the shop not the supplier, the ‘Sale of goods act 1979’ applies Google sea4ch will give you the ammunition you need

Superceded by the Consumer Act 2015.
At least its one piece of Legislation that is clear and as unambiguous as can be.

 

[Figaro]

I think battery guarantees are notoriously leaky.
In my experience they'll test it and tell you it's not been properly used and so guarantee void.
Good luck though

 

[Spriddler]

The 'supplier' is the motor factor. The supply of the battery being 400 miles away has nothing to do with the sale of the battery under the Consumer Act which has superceded the Sale of Goods Act.

Yebbut, the dealer from whom it was bought and with whom the contract exists is 480 miles away...........

I contacted the motor factors it came from to see about claiming under the warranty.
They wanted me to take the battery back to them but they are 480 miles away.
I offered to take the battery to a local Yuasa supplier or Yuasa themselves, 25 miles away.
Both these suggestions were refused.

 

[Lenny HB]

The way I see it is that is up to you to return it to where you bought it from, also as it is over 12 months since you purchased it you are not covered by the sale of goods act but by the manufacturers T&C so I doubt if you will get a refund just a replacement battery.

 

[Dorset Diver]

For the last 12 years or so I have purchased my batteries from Tayna. All good apart from one that quite early on started to drop its charge. I contacted Tayna and discussed how to proceed they immediately offered to replace it but I offered to give it some time on charge it off the vehicle and see what happened. It still dropped its charge so they just sent me a new one, no arguments and no hassle. When I asked about returning the defective unit they said no need, just dispose of it as you wish. Guess who will continue to get my business . Incidentally the replacement is fine.

^{_{Subscribers  do not see these advertisements}}

 

[Emmit]

1. It's not 'The Sale of Goods Act'
2. It's the Consumer Act 2015.

The OP bought the battery from the Mortor Factors who, I understand are local to him.

It is there where the Contract was made.

The OP has already provided proof to the other party to the Contact (the motor factors)
that the goods he bought ie the battery were 'unfit for purpose' That phrase is part of the Legislation.

As an aside, lets just suppose that the supplier of the goods (who isn't the motor factors!!!) was, lets say
in Portugal? Would the motor factors still think it appropriate that the OP should have it delivered there?

No, of course not.

As previously said, the OP has already supplied the motor factors with evidence that the battery is FUBARed.

I would take battery, complete with a further copy of that report to the motor factors stuck to it, put
it on their counter and take a photo and walk out. If that's good enough to show service for the
delivery drivers, it's good enough for me.

I would then institute proceedings in the Small Claims Cout.

 

[Lenny HB]

The OP bought the battery from the Mortor Factors who, I understand are local to him.

If that is the case it puts a different like on it, I assumed he bought it over 400 miles away.
But doesn't overcome the problem that it's over 12 months old so it's up to the manufacturers T&C.

 

[Dorset Diver]

The way I see it is that is up to you to return it to where you bought it from, also as it is over 12 months since you purchased it you are not covered by the sale of goods act but by the manufacturers T&C so I doubt if you will get a refund just a replacement battery.

The Consumer Rights Act 2015 supersedes the Sale of Goods Act. Under the present legislation an item can be covered for many years but after six months or more you must give the retailer one opportunity to repair or replace it before you can claim a partial refund, and the burden of proof is on you to prove the product is faulty.

If the manufacturer through the retailer offers a warranty (three years in this case) then that is over and above the rights provided by the Consumer Rights Act but those rights are unaffected by the Warranty.

One course of action that may be available to the OP is to have a local expert examine the faulty battery and provide a written report. Proving that it is faulty under the Consumer Rights Act does not necessarily mean having to return it.

 

[headlight]

If that is the case it puts a different like on it, I assumed he bought it over 400 miles away.
But doesn't overcome the problem that it's over 12 months old so it's up to the manufacturers T&C.

The shop I bought the battery from is 480 miles from me.
The shops "supplier" is over 400 miles from me.
Neither the shop or their supplier will accept the report the garage did on my battery.
I have supplied the shop with a copy of their sales invoice to me, the battery report on the garages headed paper and the invoice for the new battery they fitted.
If I hadn't had the battery replaced I would still not be able to use the van 3 weeks after the battery had failed as so far I have got nowhere with the shop.
What is the point of the battery having a 3 warranty, for that matter what is the point of a warranty for any length of time if it won't be honoured.

 

[Emmit]

If that is the case it puts a different like on it, I assumed he bought it over 400 miles away.
But doesn't overcome the problem that it's over 12 months old so it's up to the manufacturers T&C.

Sorry Lenny but you are wrong, and, dare I say it, living in the past ( with regard to this subject)
The only thing that should be, 'Fit for purpose' (that comes from the Act,} and of 'merchantisable quality' (also from the Act) is a calendar or diary. Every else, including TVs, Dishwashers, Carpets and Yes Vehicle batteries should last as long as their peers within their scope of products.

How many of us have had a battery go in 13mths? Not that many among the thousands on here. That's why the OP is in the right here and has a waterproof case.

^{_{Subscribers  do not see these advertisements}}

 

[Emmit]

The Consumer Rights Act 2015 supersedes the Sale of Goods Act. Under the present legislation an item can be covered for many years but after six months or more you must give the retailer one opportunity to repair or replace it before you can claim a partial refund, and the burden of proof is on you to prove the product is faulty.

If the manufacturer through the retailer offers a warranty (three years in this case) then that is over and above the rights provided by the Consumer Rights Act but those rights are unaffected by the Warranty.

One course of action that may be available to the OP is to have a local expert examine the faulty battery and provide a written report. Proving that it is faulty under the Consumer Rights Act does not necessarily mean having to return it.

The Consumer Rights Act 2015 supersedes the Sale of Goods Act. Under the present legislation an item can be covered for many years but after six months or more you must give the retailer one opportunity to repair or replace it before you can claim a partial refund, and the burden of proof is on you to prove the product is faulty.

If the manufacturer through the retailer offers a warranty (three years in this case) then that is over and above the rights provided by the Consumer Rights Act but those rights are unaffected by the Warranty.

One course of action that may be available to the OP is to have a local expert examine the faulty battery and provide a written report. Proving that it is faulty under the Consumer Rights Act does not necessarily mean having to return it.

The OP has already got a report and took it to the Factors.
Viz,
"The factors then asked me to send them a copy of the report and proof of purchase which I did."

And,
"I have supplied the shop with a copy of their sales invoice to me, the battery report on the garages headed paper and the invoice for the new battery they fitted.

 

[Dorset Diver]

The shop I bought the battery from is 480 miles from me.
The shops "supplier" is over 400 miles from me.
Neither the shop or their supplier will accept the report the garage did on my battery.
I have supplied the shop with a copy of their sales invoice to me, the battery report on the garages headed paper and the invoice for the new battery they fitted.
If I hadn't had the battery replaced I would still not be able to use the van 3 weeks after the battery had failed as so far I have got nowhere with the shop.
What is the point of the battery having a 3 warranty, for that matter what is the point of a warranty for any length of time if it won't be honoured.

It would seem that the seller in failing in it duty under the Consumer Rights Act. As has already been said you could go to the small claims court but a letter before court action may do the trick. Have a look on the Citizens Advice or Which? websites for a letter template. Also, do you have an legal advice insurance perhaps as part of your home cover policy.

 

[gus-lopez]

What is the point of the battery having a 3 warranty, for that matter what is the point of a warranty for any length of time if it won't be honoured.

It will be if you return it to who you bought it from.Why did you buy it 480 miles away?

 

[Puddleduck]

I would send "a letter before action" and then go to small claims. The only other thing I would suggest is Trading Standards although they don't really have sharp teeth.

If you do go to court and win once you have your money go to the local press

 

[headlight]

It will be if you return it to who you bought it from.Why did you buy it 480 miles away?

Because I was 480 miles from home when the original battery failed.
What else was I supposed to do.

^{_{Subscribers  do not see these advertisements}}

 

[headlight]

I bought what I thought was a good quality battery with a good warranty.
It seems that I wasted my time.
It is only £120 at the end of the day but it does rankle that after the shop took my money they have washed their hands of the matter.
I have now bought 2 batteries in 13 months at a cost of £240 and the seller wants me to pay to return the battery to "their" suppliers telling me that it has nothing do with them as the warranty is given by their suppliers not them who I bought the battery from.

 

[Spriddler]

Because I was 480 miles from home when the original battery failed.
What else was I supposed to do.

Exactly.
Other replies seem to overlook the fact that the problem is not that the retailer won't accept responsibility. He will, but he's 480 miles from the OP's home and the local branch (20 miles away from the OP) won't deal with the problem.

 

[headlight]

Exactly.
Other replies seem to overlook the fact that the problem is not that the retailer won't accept responsibility. He will, but he's 480 miles from the OP's home and the local branch (20 miles away from the OP) won't deal with the problem.

That's not correct.
I asked the shop if I could return the battery to a Yuasa supplier in Cardiff where I live (which would not have been a local branch of said shop but would have been an authorised Yuasa supplier) as the shop I bought it from is 480 miles away.
I even offered to take it to Yuasa themselves for testing as the Yuasa factory where they are made is 20 miles from me.

 

[Dorset Diver]

It would be interesting to know who the seller was.

 

[gus-lopez]

Because I was 480 miles from home when the original battery failed.
What else was I supposed to do.

Yes I would have done the same BUT the shop where you bought it is who the contract is with & where it has to be returned to. the contract is with them regardless of what they are saying about the supplier.
In situations like this you just have to right it off ,unfortunately.