Thread: Guarantee limitations

Originally Posted by sparkeyrjp

A solar panel brought from Maplins about 18 months ago has failed , on the packaging there is a flash banding indicating the unit is guaranteed for 5 years, Maplins position is they will only warrant an article for 1 year , then you have to contact the manufacturer , bit difficult , made in China ,and web site given on package is defunct .
I suppose we will have to swallow it . Or do we ?

No you dont have to swallow it.


Maplins may say their guarantee period is one year but below the one year it will say "This does no affect your statutory rights".

Contract is between you and Maplins so they are responsible.

How did you pay for the item, if it was by Credit Card the CC company are equally liable with Maplins.

read this

Retailers keep secret EU law that gives consumers a TWO-year guarantee on goods | Mail Online

You can insist on a refund under s.14 of the Sale of Goods Act

see here for furthr info

Sale of Goods Act 1979 and Supply of Goods and Services Act 1982

Go back and speak to someone more superior if no luck put your complaint in writing.

I think 18 months will mean you have accepted the item and will not be able to 'insist' on a refund only a repair or replacement at this stage.

If it is a latent defect then deemed acceptance after a reasonable time does not apply.

Originally Posted by zootscoot

If it is a latent defect then deemed acceptance after a reasonable time does not apply.

Have you got a link to that info, I would like to read up on it.

See the case of Truk (UK) Limited v Tokmakidis GmbH sorry I've got no direct link to the case but you can read up on it here para 3.38:

http://www.lawcom.gov.uk/docs/cp188.pdf

I think there are a few issues there that distinguish it from other cases, notably the intention that it will be sold on and this made clear at the time of formation of the contract. I don't think there is enough there to comment on that case more. It is only a consultation paper after all.