Very confused! Who handles my warrany?

B0X

Hey guys,

I bought a computer component from Amazon UK about 14 months ago and it has since stopped working. Now, there's a three year warranty on the item so I contacted Amazon saying that I'd like a replacement or a repair but they said they'll only do that for items bought within the last year and that I should contact the manufacturer (Asus) directly.

So I did that but Asus are telling me that the RMA should be handled by the retailer rather than the manufacturer because I was dealing with them.

From their email:

"For the issue, please send it to your retailer for RMA service first. The retailer has to legally assist the customer, as they are the place of purchase. If they can't do this, please call Consumer Advice on 08454 04 05 06. They will be able to advise the customer on the legal aspect. "

and also from later email they sent me after I told them what Amazon was saying:

"Usually when a component becomes faulty the customer would need to take it back to the place of purchase who then sends the component for repair via distribution for the full 3 year warranty period. "

Amazon however are telling me that:

I have checked with our policies regarding extended warranty's and I can confirm that these would be honored by the manufacturer. All electronic items purchased from Amazon.co.uk come with a one year warranty from the manufacturer, unless otherwise stated.

I tried ringing the number Asus gave me to see what they'd say but they wouldn't deal with me because it's a cross border thing and the told me to ring the European consumer agency instead. (Which isn't open until tomorrow).

So in the face of all this conflicting advice I'm very confused. Do anyone know who is actually responsible for dealing with this?

uck51js9zml2yt

Did you buy from the amazon store directly or was it another seller on amazon?


Your contract is with the seller.

RangeR

Company Policy doesn't trump De Law

Cabaal

OP, do you have a link to the product page on the amazon website?

There seems to be some confusion as the part you've quoted from amazon suggests that the item has a one year warranty but the e-mail from asus suggests it has a three year warranty,

As such,
- what does the product page on amazon say?

Also was the item sold by amazon or was it listed as sold by a marketplace seller?

Jarren

I would be under impression that Amazon would be responsible for handling the repair/replacement .

Check also the UK European Consumer Centre for clarification .

B0X

The item is no longer available on the UK site, it is still on the US site though where it lists the 3 year warranty under the technical details.

I bought it directly from Amazon themselves not a private seller.

I don't have the documents that came with it anymore, but all Asus components come with a three year warranty as standard.

Cabaal

B0X, I'd get back in touch with Amazon and advise what Asus have advised you to do...which was to contact amazon again regarding repair/replacement. If you've not already done this of course

B0X

I did yeah and they told me that they were very sorry but they only do RMAs for one year and that I should go back to Asus! I'm being sent in circles!

cookie1977

B0X wrote: »

I did yeah and they told me that they were very sorry but they only do RMAs for one year and that I should go back to Asus! I'm being sent in circles!

Quote Irish law and the fact that they (amazon) must obey EU law which states

http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/consumer_rights_and_cross_border_shopping_in_the_european_union.html

If you purchase goods or services from another EU Member State and they were advertised in your country, you are protected under consumer law of your home country.

http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/consumers_and_the_law_in_ireland.html

If you are not satisfied with the quality of goods or services you can:

Return the goods to the supplier who sold it to you (you should not return the goods to the manufacturer)

B0X

Ok guys, good news! I went into my orders page and was able to find the actual UK webpage for the card and lo and behold, right there under Technical Details: 3 Year Warranty.

So I rang them back and they gave the whole "one year only" story until I pointed out to them that they (not the manufacturer) have to honour what's listed on their site... one 10 minute hold later and they just told me that they don't stock that component anymore so they'll just give me a refund!

Success!

Thanks for the replies!

cookie1977

Woohoo.

Procrastastudy

Bear in mind a seller might offer on thing and a manufacture another. So if the seller is willing to look after your statutory rights and a manufacturer offers a 'lifetime guarantee' you have to deal with the manufacturer once your statutory rights lapse. This is an exception to the established principle that you deal with the seller.

That said you're all sorted so...

B0X

Procrastastudy wrote: »

Bear in mind a seller might offer on thing and a manufacture another. So if the seller is willing to look after your statutory rights and a manufacturer offers a 'lifetime guarantee' you have to deal with the manufacturer once your statutory rights lapse. This is an exception to the established principle that you deal with the seller.

That said you're all sorted so...

True, but from reading further it seems the EU has a minimum retailer commitment of two years so I'm not sure what the story is with them claiming one year only.

(From the EU's website):

If it doesn’t work, send it back
If the item you bought does not look or function as it
was advertised, or if it is not satisfactory, you have the
right to have the item replaced at no extra cost or to get
your money back if the replacement was not completed
in a reasonable time. A minimum warranty of two years
applies to all consumer goods sold in the EU.

EDIT: Also from their site just in case anyone else is reading this later!

Often, a seller will try to refer you to the manufacturer or the wholesaler. You do not have to accept this, even if you have a (manufacturer’s) warranty. The seller is the party with whom you have a contract. He is therefore liable for compliance with the contract. If you nonetheless approach the manufacturer directly for the purpose of a repair without or outside the term of the manufacturer’s warranty, the manufacturer has the right to charge you any possible costs associated with the repair (e.g. labour costs).

Procrastastudy

B0X wrote: »

True, but from reading further it seems the EU has a minimum retailer commitment of two years so I'm not sure what the story is with them claiming one year only.

(From the EU's website):

It wasn't written into Irish Law as Irish law provides for the possibility of longer warranties. The minimum commitment in Ireland simply has to be reasonable.

dudara

B0X wrote: »

True, but from reading further it seems the EU has a minimum retailer commitment of two years so I'm not sure what the story is with them claiming one year only.

This part of the EU wasn't enacted in Ireland, as Irish law is deemed to provide greater cover.

Anyway, well done on getting a resolution.

B0X

Procrastastudy wrote: »

It wasn't written into Irish Law as Irish law provides for the possibility of longer warranties. The minimum commitment in Ireland simply has to be reasonable.

That's not right, the minimum commitment in Ireland is also 2 years.

RTE's afternoon show might not be the best source but it'll do for now! :pac:

http://www.rte.ie/tv/theafternoonshow/2010/0330/warrantiesandguarantees894.html

Across the European Union the minimum timeframe of protection afforded by your statutory rights is 2 years. In Ireland as the statute of limitations is 6 years it means you have the right to take a complaint against the retailer to the small claims court for example, within 6 years of purchase. Your consumer rights do diminish with time so that must be taken into account. In addition you have to take into account the expected life span of the product in question. Also, you do not have these rights if you damage or break something yourself.

Procrastastudy

B0X wrote: »

That's not right, the minimum commitment in Ireland is also 2 years.

RTE's afternoon show might not be the best source but it'll do for now! :pac:

http://www.rte.ie/tv/theafternoonshow/2010/0330/warrantiesandguarantees894.html

I think Ill rely more on the statute-book than RTE

http://www.irishstatutebook.ie/2003/en/si/0011.html

The two year warranty period in the directive was never made part of Irish Law

EDIT Actually RTE are right - you've just misinterpreted what they are saying.

B0X

So basically, in Ireland it's six years instead of two years and it has to be something you should reasonably expect to have lasted longer than it did?

What about dealing with companies in the EU? Like if Amazon were to try pull this again should I just say there's the two year EU thing or the six year Irish one?

Procrastastudy

B0X wrote: »

So basically, in Ireland it's six years instead of two years and it has to be something you should reasonably expect to have lasted longer than it did?

What about dealing with companies in the EU? Like if Amazon were to try pull this again should I just say there's the two year EU thing or the six year Irish one?

It gets very complicated when buying from abroad and I don't understand the choice of law provisions. The other issue is there are various statues and SIs to take into account you cant just point to one or two.

Suffice it to say Irish Law requires the item to last for a reasonable time. Dependant on the item that might be six months or four years. When contracting for consumer goods I expect to be contracting under Irish Law - which is pretty advantageous to the consumer in all honesty.

I was just sounding a note of caution ref some IT companies like Asus - they sometimes have manufacturer guarantees that go way beyond statutory rights. In that case you do really need to go back to Asus. I'm talking here about lifetime or 100 year guarantees some of them so. I am probably unnecessarily muddying the waters in all honesty,