Brother bought electric wheel chair used, still in 12 months - retailer wont honor warranty

[2ltr16valve]

Hi all,

 

My brother has bought a used fold away wheelchair made by Careco,

from a lady who bought it in Feb this year for her mother

but she has since been put in a nursing home

and could not use the chair anyway as she could not control it.

 

My brother has emailed the company to enquire about transfer of the 12 month warranty and has been told that this is not transferable so he is not covered unless he bought it new from them.

 

There was an additional insurance purchased by the buyer for 2 years at the cost of £209.

He has enquired about transfer of this but been told to contact the insurance company direct.

 

I didnt think they were allowed to do this as its a statutory warranty ?

 

The email is below .....

From: K

Date: 30 October 2016 at 10:26:16 GMT

To: T

Subject: RE: CareCoContact Enquiry

Dear Sirs,

 

Thank you for your email,

 

Unfortunately the warranty is with the person it is sold too on the item itself.

 

When it is sold on or someone else receives the goods it voids the warranty.

 

We are not able to transfer this from person to person.

 

If you have any further questions in the near future, please do not hesitate to contact us

 

We look forward to hearing from you

 

Kind regards

 

K

Mobility Advisor

 

From: T

Sent: 30 October 2016 09:52

To: K

Subject: Re: CareCoContact Enquiry

 

Hi K

 

I can understand the insurance side of it but as for the warranty surly it's on the item that was sold and not the person it was sold to ?

 

Kind regards

 

T

 

Sent from my iPhone

 

On 30 Oct 2016, at 09:27, K

 

Dear Sirs,

 

Thank you for your email,

 

Unfortunately the warranty is not transferable from person to person. We are unable to do this on the foldawheel Powerchair.

 

In regards to the insurance details you would need to contact the insurance company ***** ****** direct to see if you can swap the insurance over to your details.

 

If you have any further questions in the near future, please do not hesitate to contact us

 

We look forward to hearing from you

 

Kind regards

 

K

Mobility Advisor

 

From:

Sent: 29 October 2016 21:34

To: Sales@careco.co.uk

Subject: CareCoContact Enquiry

 

Title: Mr

Name: t

Email:

Telephone Number: foldawheel warranty transfer

Message: hi i have just purchased a foldable electric chair from a ************* customer number is ******

please could you change the remainder of the free 12 month warranty over to myself

mr t

*****

*******

*******

there was also a 2 year extended insurance taken out policy number p******* i would be very grateful if this could be transfered over to myself

any problems please let me know

i can be contacted on *********or by email

kind regards

mr t

[unclebulgaria67]

Bankfodder would know more about consumer rights.

 

Based on my limited understanding, i thought that the retailer was only involved with the person who bought the item, as the sale contact is between them. The retailer would not be responsible to a third party that purchased it second hand.

 

If the warranty is still live, the new owner should have rights against the manufacturer or UK wholesale agent. Suggest contact is made with the company shown on the warranty concerning any issues with the wheelchair. The Insurance might not be transferable or cover any issues that the manufacturer is liable for.

[2ltr16valve]

Anyone offer more input ?

 

Brothers spoken to a manager today and been told the same.

 

I am sure a company can't void your rights Just because your not the original purchaser ? Okay it's technically used but is as new if that makes sense.

[AndyOrch]

Only the person who bought the item can make a claim under the manufacturers warranty, unless your warranty or guarantee uses the phrase ‘third party rights’. It’s important you look out these words if you bought it second hand or were given it as a gift.

 

In general terms a second-hand purchase is protected in the same way as that of a new product, provided you buy from a retailer. If you buy from a private individual however, the regulations are different - the transaction is classed as a private sale, and the goods you buy must only be correctly described, and be the legal property of the seller.

 

The manufacturer has no contract with you (or with the first owner if there was no warranty registration, so there's no liability in law there - the manufacturer's warranty is in addition to your legal rights, so you'll be in uncharted waters; you may be lucky and find that the maker will help out, but I wouldn't bank on it.

 

If you buy a secondhand item from an established retailer you will be protected under The CRA 2015 in its entirety. This means that the goods must be of satisfactory qualify (as assessed by a reasonable person, bearing in mind the items are second-hand), as described by the seller and fit for purpose.

Obviously the item's quality is going to be a matter of judgement, which is why the law uses the 'as assessed by a reasonable person' qualification. That said, the retailer is bound by the terms of the Act, and if the sale was made online the consumer is protected by the Distance selling regulations as well.

 

Regards

 

Andy

[2ltr16valve]

So in short the retailer can say no warranty even tho item was not used by original buyer seems very weighted for the retailer there

 

Guess brother will have to speak to the seller and hope that should any thing go wrong they will deal with (not)careco on his behalf.

 

It's daft as the insurance company have transferred the policy over with no problems and even offered extended warranty once the standard 12 months runs out.

[ericsbrother]

your contract is with the person who sold it to you. As they arent a retailer and have no professional expertise you are basically buying it as seen. The only rights you will have are if it develops a problem that is a manufacturing defect and can be said to be forseeable. Generally this means that other chairs of the same type have developed the same fault.

On the plus side he got a cheaper chair as it comes without warranty. I hope that the price reflected all of this.