Sell replaced item under warranty

onehitwonder

Hi there, I bought an item 4 months ago and had a slight problem with it. The company has replaced it with a new one 6 weeks ago. Can I now sell the older item as they have not asked for it back. Thanks

Zaph

Moved from Feedback.

OP, I've deleted your post in Legal Discussion. Please don't post the same thing across multiple forums as we don't permit that. Please also note that it's generally considered poor form to hijack an existing thread with a completely unrelated issue like you did there. If there's an existing thread on the same or a similar issue then there's usually no harm in joining in on that. Thanks.

ytpe2r5bxkn0c1

What is the item and the problem with it?

onehitwonder

Hi, it was a cooker and the problem was cosmetic, no electrical or gas fault. they have not said they are going to collect or install new one for me. Thanks

ytpe2r5bxkn0c1

I would contact them and ask, as that is a sizable item.

onehitwonder

I did 6 weeks ago, its just taking up room in my house now. Could someone land themselves in trouble for getting rid of it. They were not the easiest to deal with in the first place. I had the extra cost of getting a gas registered installer to take out old and fit the new one, added 200 to the original cost of 1500, i am thinking of recouping the cost laid on me. Was going to take to electrical waste depot, but it really is perfect?

L1011

Legend Ashy Tortoise wrote: »

I would contact them and ask, as that is a sizable item.

Ditto - you don't want them coming back and asking later

You'd also have to make it quite clear to a potential purchaser that it had zero warranty (and likely zero recall support - they'll have recorded the serial) from the manufacturer.

P. Breathnach

I'd agree that you should ask them, but I think you should do it in an assertive manner. Tell them that if they do not come to an arrangement to collect it from you, that you are not willing to store it for them and will dispose of it. Do it in writing (email being one form of writing) so that you have a record of the communication.

I think that you should also raise the matter of the installation cost of the replacement in the same communication.

sconhome

I remember reading something a while back that if goods are not collected within 28 days of notifying you are deemed the owner.

I need to find that reference.

L1011

AKW wrote: »

I remember reading something a while back that if goods are not collected within 28 days of notifying you are deemed the owner.

I need to find that reference.

Without checking the regulations on this either, I believe that's unsolicited goods posted out - it may not apply here.

sconhome

L1011 wrote: »

Without checking the regulations on this either, I believe that's unsolicited goods posted out - it may not apply here.

That could be the context in which I was reading it. If stuff arrived and you hadn't paid for it that after 28 days it became yours once you'd notified the sender and asked for the goods to be removed.

Thanks.

Cabaal

AKW wrote: »

I remember reading something a while back that if goods are not collected within 28 days of notifying you are deemed the owner.

I need to find that reference.

Pretty sure it's closer to 6 months and you must notify more then once.

slimjimmc

AKW wrote: »

That could be the context in which I was reading it. If stuff arrived and you hadn't paid for it that after 28 days it became yours once you'd notified the sender and asked for the goods to be removed.

Thanks.

Cabaal wrote: »

Pretty sure it's closer to 6 months and you must notify more then once.

http://www.irishstatutebook.ie/eli/1980/act/16/section/47/enacted/en/html

I don't believe the regulation on unsolicited goods applies in this situation but I would contact the company and tell them if they don't come and collect within 10 business days then you will consider them to have gifted the item to you at no cost to you.

seagull

Tell them they have 5 days to collect it, after which you will start charging storage, and that if it hasn't been collected within 3 weeks, you will sell it to cover the storage fees.

MarkAnthony

slimjimmc wrote: »

http://www.irishstatutebook.ie/eli/1980/act/16/section/47/enacted/en/html

I don't believe the regulation on unsolicited goods applies in this situation but I would contact the company and tell them if they don't come and collect within 10 business days then you will consider them to have gifted the item to you at no cost to you.

seagull wrote: »

Tell them they have 5 days to collect it, after which you will start charging storage, and that if it hasn't been collected within 3 weeks, you will sell it to cover the storage fees.

Carefull - you're suggesting (i) Silence denoting consent - specifically barred in Irish contract law and (ii) IMHO a form of distress in relation to the goods and storage; legal in some cases but very, very dodgy in the main.

I'd be concerned that at €1500 the seller might be in a position to sue for damages. Storage seems the best option to me, I'd be very dubious on selling it.

Also a bit confused by a slight problem with a perfect item, sounds like a favour was done in the name of good service rather than faulty goods?

P. Breathnach

MarkAnthony wrote: »

...
Also a bit confused by a slight problem with a perfect item, sounds like a favour was done in the name of good service rather than faulty goods?

OP referred to a cosmetic problem. I envisaged a big dent.