Thread: Warranty Claim Dilemma

You should be ok in the long term I believe Glen. As one in the know, I would be reminding said SIL that any attempt to rid himself of alleged faulty goods, is likely to cost him the price of at least half a house

I assume your daughter was 'given away'. I am not sure how anybody could possibly consider raising a warranty claim in such circumstances.

However, if Bride Price was involved your SIL may have a valid grievance.

Well, under consumer law, you are only liable to pay restitution to the sum of the original purchase price, provided that the goods are unable to be fixed, or replaced with goods of a similar quality.

However, as you have rightly pointed out, the goods have been used, and therefore, are no longer in "as new and unused" condition, hence the said goods would no longer be of merchantable quality to be re-sold as new.

Therefore, the best solution would be a pro-rata refund. So, the original purchase price, minus the amount of times it has been used, minus a fair sum for wear & tear, minus a re-stocking fee. This, of course, needs to be calculated separately from any divisional agreement between the two parties involved.

Now, while SIL is bemoaning the fact that there appears to be some extras that came with the original product, that he was not aware of at the time of the initial purchase, there have obviously also been some improvements. The product has self replicated 3 times, and there is potentially more of the product than when he first acquired it. Hence, these factors will also need to be taken into account when returning said product, and the compensation payment adjusted accordingly.

So in summary, tell him to sit down, shut up, and take it like a man. They are know as SWMBO for a reason...

Originally Posted by zulu Delta 534

Where do you think I stand?

You take the same approach LR does with the new Defenders. "They're all like that."

You might also point out that the 'product' was in perfect condition when it left your care, as demonstrated by SIL via his desire to enter into the original agreement.

Changes to the product whilst not in your care can only be as a result of the environment in which he placed the product.

I would suggest a counter-action...

If I were you, I would inform SIL that,

1/ for any warranty claim to be considered by the manufacturer, the said claim must be lodged, in writing within and not exceeding a 3yr/100,000km time period from date of delivery.

2/Any faulty goods must be returned to the manufacturer in good condition.

3/Any and all freight costs in respect to the goods being returned to the maufacturer for inspection and return freight to the claimant are to born by the claimant.

4/ If the goods in question have been;

a/ Modified in any manner.
b/ been subjected to abuse.
c/ been subjected to neglect,all claims will be void.

5/ If service intervals set by the manufacturer, set out in the warranty paperwork supplied at handover of the said faulty goods have been exceeded,
any warranty claim will be deemed to be null and void.

6/ The manufacturer reserves the right to repair and or replace the faulty goods in question at its own discretion and no correspondance will be entered into.

Tough love ain't it

I was on e responsible for warranty in the UK arm of a multinational. So:
I'd say that 3 children are clear evidence that your daughter was fit for purpose when delivered. Normal wear & tear is not covered by warranty, nor are unauthorised modifications - in fact the latter void any & all warranties.
The defect in question was not evident at the time of transfer of ownership, and has possibly arisen as a result of normal w&t, so it's not a latent defect - unless SIL can prove that other product of the same make & model has the same defect.

Good luck, but I think the client is trying it on, frankly.

1. It's used.
2. It's been modified from original form.
3. It's associated with Land Rover use, of course it leaks/makes random noises that cost a packet to fix etc.