Incidental expenses under guarantee

[bromleybysea]

If I have to return a failed piece of equipment to the manufacturers under guarantee, and in doing so I incur unavoidable incidental expenses, for example in using the yard's crane to remove a masthead unit, do I have any legal right to demand reimbursement from said manufacturer?

 

[Twister_Ken]

Read the terms of the warranty. The answer is probably there somewhere, and is almost certainly 'no'.

 

[awol]

Under guarantee - read the terms. Under Sale of Goods Act - quite possibly.

 

[DJE]

Under guarantee - read the terms. Under Sale of Goods Act - quite possibly.

Apparently so. http://www.oft.gov.uk/shared_oft/738369/738375/OFT002_SOGA_explained.pdf

Consequential loss
If a customer suffers personally because of a problem with an
item, they may be able to claim damages (money to make up
for it). This is called consequential loss
. One example would be if a customer had to pay out more money
(perhaps to hire another item) because of a faulty item that you sold them.
A more serious example would be if they suffered injury or
damage because of a faulty item.
A customer who claimed damages for consequential loss
would be expected to have tried to resolve the issue with the
retailer first.
Claims for consequential loss do not normally cover distress,
inconvenience or disappointment.

 

[emsworthy]

Under guarantee - read the terms. Under Sale of Goods Act - quite possibly.

+1 The Sale of Goods Act allows the claim of consequential losses from the retailer.

Although the retailer (assuming you bought it from a retail store) should be ideally given the opportunity to mitigate your consequential loss, i.e. perhaps arrange to have the MHU removed and returned to them at their own cost. If you didn't tell them you were going to incur a consequential loss as a result of the faulty goods they may argue that they cannot be held responsible.

As with all these things though , the only true test of the law is in the Courts. Most wouldn't get that far and could be resolved by negotiation or arbitration (Trading Standards).

Of course if you bought it via a wholesaler or used a trade account you were not in a retailer/consumer relationship and therefore your only recourse is to the manufacturer via the warranty. If it doesn't cover consequential losses (it is highly unlikely to) then I am afraid that is hard luck on you.

Quick question though. Why are you returning it to the manufacturer and not where you bought it from? Again, assuming it was a retail outlet your contract is with them and not the manufacturer!