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.

 

[Dorset Diver]

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.

The item does not have to be returned. See the last sentence of my post (#18) above.

 

[Lenny HB]

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

That is what I thought you implied, so I don't see the problem your contract is with who bought it from so it's up to you to return it to them. If you are not prepared to do I'm afraid it's tough.

 

[Spriddler]

That's not correct.
I even offered to take it to Yuasa themselves for testing as the Yuasa factory where they are made is 20 miles from me.

Ah,, I'm with you now. I misunderstood your first post which I took to mean another (local to you) branch of the same factor.........

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.

Although I can understand why a different (local to you) Yuasa supplier wouldn't deal with it but it does seem to be a poor show that Yuasa themselves (near you) weren't interested in helping you, if only as a goodwill gesture, to save you trying to deal with their retailer (the factor) who is 480 miles away.

 

[Dorset Diver]

That is what I thought you implied, so I don't see the problem your contract is with who bought it from so it's up to you to return it to them. If you are not prepared to do I'm afraid it's tough.

Not so Lenny. The purchaser only has to prove that the product is faulty he does not have to return it. Legally an experts report is enough.

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

 

[Lenny HB]

Not so Lenny. The purchaser only has to prove that the product is faulty he does not have to return it. Legally an experts report is enough.

That seems a bit unfair on the retailer as he won't get his money back unless he returns the faulty product to the supplier.

 

[Dorset Diver]

That seems a bit unfair on the retailer as he won't get his money back unless he returns the faulty product to the supplier.

The retailer can always ask for the item to be returned but it must be at his cost.
Edit. I should also say that the experts report should also work between the retailer and his supplier.

 

[Littlewheels]

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.

Yes l agree Tanya offer a good service we wouldn’t dream of using anyone else, a couple of months back l ordered one on a Sunday at 4.00pm and it arrived on the Monday by 11.00am, that’s the service they provide and at the right price.

 

[Dorset Diver]

Yes l agree Tanya offer a good service we wouldn’t dream of using anyone else, a couple of months back l ordered one on a Sunday at 4.00pm and it arrived on the Monday by 11.00am, that’s the service they provide and at the right price.

I'll accept your word about Tanya.

 

[headlight]

That is what I thought you implied, so I don't see the problem your contract is with who bought it from so it's up to you to return it to them. If you are not prepared to do I'm afraid it's tough.

Obviously it's not worth it for me to do a 960 mile round trip to return it so that won't be happening.
I could pay to post it back but I can't see why I should have to pay.
The shop says that as the warranty is with their battery supplier not them then my claim is against their supplier not them.
My stance is I bought the battery from the shop not the shops supplier.
Therefore I should only deal with the shop and it is up to the shop to deal with their supplier.
The shop say they have forwarded my garages battery report to the supplier but that the supplier won't accept it and wants the battery to test it themselves.
I can see me paying to send it back and still not get a refund.
I think I'll email the shop telling them they have 7 days to sort something out (this has already been going on for 3 weeks) either accept the battery report and refund me or they arrange a courier at their expense to collect it.
If that doesn't work I'll write it off.

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

 

[pappajohn]

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.

The last thing I look for in a battery is a warranty as the last thing they will do is honour it..

The seller will say they need to return it to factory.
Factory will say we make them therefore we know if it's faulty which this isn't....bye bye

 

[mofurt]

Yes l agree Tanya offer a good service we wouldn’t dream of using anyone else, a couple of months back l ordered one on a Sunday at 4.00pm and it arrived on the Monday by 11.00am, that’s the service they provide and at the right price.

I've always had good delivery from Tayna. However, last year my son had a battery from them that died within a year. They were insisting that he arranged postage back to them for testing. He gave up and bought a new battery elsewhere as, being someone who works full time, he didn't have time to faff around arranging packaging and courier collections himself, with the subsequent risk that they'd deny the claim, or being without the vehicle for a week or two whilst all that went on. I was very disappointed as Tayna have had a lot of our money over the years, and this was the first time we'd had a problem. The warranty may as well not have existed.

 

[Littlewheels]

Tayna have had a lot of our money over the years, and this was the first time we'd had a problem. The warranty may as well not have existed.

That’s disappointing,however, and l am not promoting Tanya’s T&Cs in any way but when it comes to guarantees it’s very difficult to ascertain the problem and how it came about.

 

[eddie]

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

Buy it from Halfords who give a genuine nationwide five year warranty

 

[eddie]

I genuinely think in situations like this, I would accept it as one of those things.

Years ago on the way home driving through France we bought a folding table on offer. Lyn suggestEd checking it, which I obviously ignored, only to find once back in the UK Iit had a massive crack

it went straight in the skip along with the box!

Its part of travelling in my opinion.

If you think you have a claim under warranty it’s up to you to return it to your supplier, distance isn’t a factor in law

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

 

[Spriddler]

Years ago on the way home driving through France we bought a folding table on offer. Lyn suggestEd checking it, which I obviously ignored, only to find once back in the UK Iit had a massive crack

it went straight in the skip along with the box!

Yep, I've done exactly that with several things.....camping chair, battery powered tin opener, 12v hair dryer.....
C'est la vie.

 

[Jim]

Buy it from Halfords who give a genuine nationwide five year warranty

Yes I've taken a few batteries back to halfords over the years, most with no reciept. Always find that some spotty yoof changes it without argument as its the easiest thing to do. One manager in Aberystwyth though was adamant he want going to change one as I didn't have a reciept. I left but was in Taunton the next weekend, popped in the Halfords there and came our with a new one it two minutes

 

[L' Hobo]

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.

If the battery is a Yuasa and the factory is only 25miles away, why not take it back to them for their opinion and a written report?

They might even give you a new battery?

 

[headlight]

If the battery is a Yuasa and the factory is only 25miles away, why not take it back to them for their opinion and a written report?

They might even give you a new battery?

Because I've already contacted Yuasa who told me that they don't deal with the public only with the companies they supply so I have to go through the place I bought it from.

 

[ianp]

So moving forward the question now that matters is whether or not you are required in law to return the defective item and if so at who's expense. This is really the make or break question.

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

 

[Dorset Diver]

So moving forward the question now that matters is whether or not you are required in law to return the defective item and if so at who's expense. This is really the make or break question.

Not really; as I explained above #18, and #34.

 

[ianp]

Not really; as I explained above #18, and #34.

yes I read your #18 and #34 and also EVB's #44 et al and we seem to have two schools of thought........of which only one can be right.

 

[Dorset Diver]

yes I read your #18 and #34 and also EVB's #44 et al and we seem to have two schools of thought........of which only one can be right.

The burden of proof rests with the purchaser in this case, but proof can take many forms and an experts report is one. I paraphrased the law in my pervious posts. Reading the Act should put your mind at rest.

 

[ianp]

The burden of proof rests with the purchaser in this case, but proof can take many forms and an experts report is one. I paraphrased the law in my pervious posts. Reading the Act should put your mind at rest.

ahh so in essence what your saying is that he has to send it back.......

 

[Puddleduck]

Obviously it's not worth it for me to do a 960 mile round trip to return it so that won't be happening.
I could pay to post it back but I can't see why I should have to pay.
The shop says that as the warranty is with their battery supplier not them then my claim is against their supplier not them.
My stance is I bought the battery from the shop not the shops supplier.
Therefore I should only deal with the shop and it is up to the shop to deal with their supplier.
The shop say they have forwarded my garages battery report to the supplier but that the supplier won't accept it and wants the battery to test it themselves.
I can see me paying to send it back and still not get a refund.
I think I'll email the shop telling them they have 7 days to sort something out (this has already been going on for 3 weeks) either accept the battery report and refund me or they arrange a courier at their expense to collect it.
If that doesn't work I'll write it off.

I agree right to the last sentence where I would say I'll take them to court. But I tend to be reasonable until pushed too far.

If the battery is a Yuasa and the factory is only 25miles away, why not take it back to them for their opinion and a written report?

They might even give you a new battery?

Because I've already contacted Yuasa who told me that they don't deal with the public only with the companies they supply so I have to go through the place I bought it from.

Well you have been through the place you bought it from so now you can take it back to them.

Pity I am so far from Cardiff as I would have gone on your behalf. For some reason people find it very difficult to cope with a female in a wheelchair who asks for help.

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

 

[Basildog]

That seems a bit unfair on the retailer as he won't get his money back unless he returns the faulty product to the supplier.

It’s unbelievable the condition that some customers send back allegedly faulty products in
But to be honest it’s just easier to bin it and refund the customer as they will cause you a lot more damage if they feel let down.
Most products returned to us are either not faulty or have been damaged by the person incorrectly installing it
Sometimes I tell the guys to refund and apologise that unfortunately we are out of stock

 

[Dorset Diver]

ahh so in essence what your saying is that he has to send it back.......

No.

 

[headlight]

It’s unbelievable the condition that some customers send back allegedly faulty products in
But to be honest it’s just easier to bin it and refund the customer as they will cause you a lot more damage if they feel let down.
Most products returned to us are either not faulty or have been damaged by the person incorrectly installing it
Sometimes I tell the guys to refund and apologise that unfortunately we are out of stock

In this case the item, the battery, was not incorrectly installed, incorrectly used, incorrectly maintained or damaged by me.
It just failed and I have a garage report confirming that.
The fact that the garage report has not been accepted as proof says to me that I will pay to return the battery then be told that they have tested it and it's fine therefore me not getting a refund.

 

[Basildog]

In this case the item, the battery, was not incorrectly installed, incorrectly used, incorrectly maintained or damaged by me.
It just failed and I have a garage report confirming that.
The fact that the garage report has not been accepted as proof says to me that I will pay to return the battery then be told that they have tested it and it's fine therefore me not getting a refund.

I feel your pain , went through all this with a pair of leisure batteries on a brand new Swift , ended up at the battery importers main depot as it was nearby and the dealers sorted it for me .
Complete and utter farce , in the end they offered to lend me a pair of batteries while they long term tested our pair .
Cut a long story short , my daughter spotted them unpacking batteries from pallets and then sticking on labels , they eventually found one of ours was faulty but it took a week and then lots more arguments to get a matching new pair of leisure batteries.
Probably cost me more in fuel and anguish than a pair of new batteries
Going through the same thing now with a fridge burner that the manufacturers know is a faulty product but also know most owners will never use their fridges on gas

 

[The Wino]

Who's to say that a different "expert" might say that the battery wasn't faulty but most likely failed due to being discharged too far. My suspicion is that's the most likely outcome if it was sent back. Basildog the thing about customers and complaining I remember from years ago was someone going on about how much a solder repair ( sent off silver soldered and replated) cost on a pair of specs when he came to collect them. The bloke I worked for in the end got so fed up he went out the back broke them again and told the bloke to go somewhere else his face was a picture!

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

 

[headlight]

"Who's to say that a different "expert" might say that the battery wasn't faulty but most likely failed due to being discharged too far."
They might but that isn't the case.
The battery started the van first flick of the key every time until it just failed.
So it had never been discharged too far by trying to start the van and also I have a Vanbitz Battery Master fitted so it was kept fully charged and didn't get discharged when the van was not used.