Exchange of warranty in second hand sale

Matt Bianco

I've searched this forum and couldn't find anything that answered my query so I hope someone can help.

I am in the process of buying a second hand guitar amp which was purchased in February 2011. The person I am buying it from is the original buyer and has the receipt as proof of purchase and as guarantee for a 12 month warranty. The seller has told me that a footswitch which comes with the amp has been broken from when he bought it but never got around to exchanging it.

My query is that when I buy the amp, does the warranty still remain intact even though I am not the original buyer? I am getting the receipt from the seller so that will not be the issue. I could also try "faking it" but why do that if consumer legislation is on my side?

Any suggestions and advice would be appreciated

jor el

The warranty transfers, as long as you have a proof of purchase. Just make sure the foot pedal is a warranty repair, and hasn't been damaged due to misuse or anything.

Matt Bianco

Thanks for the quick reply!

It should be covered by the manufacturers website and will look at the footswitch when I'm collecting the amp. It's by no means essential or a deal breaker but at the same time why not get it seen to?

Hopefully it will be a straight swap over in the store

Thanks again for your help!

slimjimmc

jor el wrote: »

The warranty transfers, as long as you have a proof of purchase. Just make sure the foot pedal is a warranty repair, and hasn't been damaged due to misuse or anything.

I think you'd need to read the actual T&Cs of the warranty if you want to be sure.

As a general rule most warranties are transferable, but it's not mandatory.
A warranty is additional to your statutory rights so the manufacturer can set their own terms.

If the T&Cs state the warranty is non-transferable there is nothing you can do about it because the first owner accepted those terms. In such case you would be buying just the amp, not the amp+remaining warranty.

mdebets

jor el wrote: »

The warranty transfers, as long as you have a proof of purchase. Just make sure the foot pedal is a warranty repair, and hasn't been damaged due to misuse or anything.

This is not true.
The warranty between original buyer and original seller only exists, because there is a contract between these two.
There is no contract between the original seller and the 2nd hand buyer, so no warranty exists.
In real live however, the original seller will most likely still cover the 2nd hand buyer with the warranty, if he has the original proof of sale (mostly because there is only a small minority of shops, which would still remember the original buyer and only see the proof of sale). However, the original seller is still within his rights to refuse warranty to the second hand buyer,

Edit:
Just saw slimjimmc's post.
OP are we talking about the statutory warranty (then my comment is correct) or any extra warranty by the manufactuarer (then see slimjimmc's post).

For extra points to everyone:
Are there any legal terms in English that clearly distinguish between these types of warrantie or are they both warrenties?

keithclancy

mdebets wrote: »

This is not true.
The warranty between original buyer and original seller only exists, because there is a contract between these two.
There is no contract between the original seller and the 2nd hand buyer, so no warranty exists.
In real live however, the original seller will most likely still cover the 2nd hand buyer with the warranty, if he has the original proof of sale (mostly because there is only a small minority of shops, which would still remember the original buyer and only see the proof of sale). However, the original seller is still within his rights to refuse warranty to the second hand buyer,

Edit:
Just saw slimjimmc's post.
OP are we talking about the statutory warranty (then my comment is correct) or any extra warranty by the manufactuarer (then see slimjimmc's post).

For extra points to everyone:
Are there any legal terms in English that clearly distinguish between these types of warrantie or are they both warrenties?

As long as the op gets the proof of purchse with it then he's fine.

Matt Bianco

MDETBS - It is a 12 month warranty which comes as standard with the amp (I'm not sure if this is regarded as statutory). If you go to the manufacturers website you do have the option of a free three year extension when you register it with them. The main condition of the warranty appears to be that the shop is an authorised seller of the product which I persume it is as it stocks a fair amount of the manufacturers line.

In looking further into the warranty on the website it states:
Who this Warranty covers This Warranty shall be applicable when the original sales receipt or the Amplification authorised proof of purchase of the Product is presented together with a copy of this UK Warranty Card and the defective Product.

and
Exclusion of damages ■ Our liability for any defective Product, save for death or personal injury caused by our negligence, is limited to the Warranty Services which shall be provided to you at our sole discretion. For the avoidance of doubt, we reserve the right to refuse you provision of the Warranty Service if (a) you are unable to provide the original sales receipt or Blackstar Amplification authorised proof of purchase; and/or (b) we have reasons to believe that you have not directly purchased the Products from any of our authorised retailers.

I know the devil is is the detail but my laymans interpretation is:
a) I will have proof of purchase, a warranty card (ie registration with the company - I'm checking with seller) and defective product when going to the shop
b) Sticky point is in point two - the reason to believe that you have not directly bought the product from one of our autorised retailers - is this to exclude second hand buyers or rogue dealers in your opinion. In this case as MDEBTS states, do you act as if you're the original buyer relying on the salesperson not remembering you?

jor el

mdebets wrote: »

This is not true.
The warranty between original buyer and original seller only exists, because there is a contract between these two.
There is no contract between the original seller and the 2nd hand buyer, so no warranty exists.

The contract of purchase is not strictly relevant to the warranty, only for statutory rights. A manufacturer's warranty means dealing with the manufacturer and not the retailer (where the contract exists).

http://www.consumerconnect.ie/eng/Hot_Topics/FAQs/Faulty-goods/
Q11.
A guarantee may be useful to a third party, however, as it extends to anyone possessing the goods during the guarantee period. This contrasts with the statutory rights of a purchaser, which extend only to the original purchaser of a good and not to any subsequent recipient or owner of that product. This distinction in important to note in respect of items given as gifts or the purchase/use of second hand items.

The statutory rights exist for the contract holder (the original purchaser) and is between the purchaser and retailer. The warranty offers manufacturer cover for the item, without involving the retailer, so the contract of sale is irrelevant. As long as there is a proof of purchase and/or valid manufacturer's warranty card, there should be no issue.

The exclusion mentioned in the warranty will most often be to stop unauthorised re-selling by retailers that buy the items specifically to sell on again, and not to stop a private sale. If you have the receipt and warranty card, they cannot reasonably conclude that you are not the original purchaser anyway, unless the first buyer registered the product to their name.