Thursday, Jul 02, 2009 at 19:10
Micheal
Who is responsible - the trader or manufacturer?
If a consumer returns a faulty item, liability can be shared between the supplier and the manufacturer. However, it is ultimately the supplier's responsibility to resolve the complaint. A supplier or manufacturer cannot limit liability by excluding, modifying or restricting the rights and remedies available to consumers under the law in any way for the goods that are normally acquired for personal or household use. Any attempt to do so is unlawful, and there is the risk of being prosecuted for making statements that are false or may mislead consumers about their rights.
If a consumer suffers a breach of statutory warranty they can rescind the contract with the supplier and/or seek damages for loss from the supplier or manufacturer.
A reseller has to act responsibly and cannot refuse a claim for the hell of it.
A reseller can reject a claim if there supplier or manufacture rejects it, there is nothing anybody can do about it then.
" it is ultimately the supplier's responsibility to resolve the complaint"
The word is resolve and if there supplier or manufacture rejects the claim then the reseller has done everything in there power to resolve the problem.
It is not upto the seller to
fork out the money.
Michae,
What happens if you Nissan GU was under Nissans factory warranty and Nissan rejected a claim for warrant, does that mean you have the right to get the dealer to repair it and cover the costs?
FollowupID:
640057