Question of rights Do guarantees give protection?

Press, 16 March 1982, Page 14

Question of rights Do guarantees give protection?

Consumer watch

Anne Ingram

A guarantee is only worth having if it adds to your rights under the Sale” of Goods Act.

The Act requries that a retailer must sell you goods of sound quality, and if the goods prove faulty the retailer must repair them, give you a replacement, or refund your, money. Protection under this Act can' be more comprehensive that the limited rights given under a guarantee where a manufacturer agrees to replace or repair faulty goods only if certain conditions are adhered to.

The following clauses, taken from various guarantees demonstrate the manner in which some manufacturers try to avoid responsiblity for the repair or replacement of faulty goods. • The company shall be' under no obligation under this guarantee unless the attached registration card is filled in and mailed to the company within seven days of the date of supply to the original purchaser.

• This guarantee protects only the original purchaser whose name appears on the guarantee card and is not transferable.

• The guarantee does not cover the following parts of this knitting, machine: needles, rollers, brushes, felt bar, rpw counter, pattern wheels and accessories.

• Watch case, watch band and batteries are excluded from this guarantee.

• If making a claim agaist your guarantee the machine must be brought or sent at the owner’s expense to the nearest service department. • The company shall be under no obligation if the unit has been operated otherwise than from a position approved by the retailer by wtom it was supplied or by the company. • The company shall not in any event be liable for any consequential or contingent damage or loss whatsoever. • This guarantee covers parts only. Labour costs are not included. Transport costs are not included.

• In return for these undertakings, it is agreed that all other warranties and conditions whatsoever, whether expressed or implied are excluded. • The Sale of Goods Act is specifically excluded from the guarantee and the warranty issued by this company is the only protection given. If you signed and returned a guarantee which included any of these statements, you would obviously be signing away your rights.

However, a guarantee is only an agreement between you and the manufacturer and not (usually) between you and the retailer with whom your rights under the Sale of Goods Act would still apply, When you made your purchase from the retailer you entered into a contract with him and if anything goes wrong with what has been purchased, it is the retailer Who is bound to repair or replace the item. The retailer, in turn, is able to go back.to the manufacturer for (satisfaction.

So if you had signed a bad guarantee issued by the manufacturer and thereby lost some of your rights with the manufacturer, your rights with the retailer under the Sale of Goods Act would still apply. . But if the guarantee had been issued by the retailer or jointly by the manufacturer and the retailer, you have to be a little more careful. You could sign away your rights altogether if the guarantee

was a restrictive one. If a guarantee obviously limits your protection instead of adding to it, then it .. would be best to disregard it and rely solely on the Sale of Goods Act for your rights. If the guarantee is a fair one over all, but there are certain clauses you object to, then you are at liberty to strike out the offending clauses, sign these amendments and return the guarantee to the manufacturer who will then accept or reject his amended contract.

If the guarantee is a good one and you would like to take advantage of the extra protection it offers, then you may;]have t . to return, the signed guarantee card to the manufactuep if this has been requested, ■ - , ■ ' 1 However, many manufacturers require only'that the guarantee card., be; produced when a. . claim 'is made.’ Guaranteesard usually'.given for a stated time and the dated'"'guarantee card is proof that this time has not elapsed.

If you decide not to sign a guarantee it is important to retain some record of the purchase which confirms the product was bought 'from a particular store and on what date. A docket would suffice. This proof of purchase is important to the retailer in recovering costs from the manufacturer. , What points should a good guarantee include? e An un . conditional guarantee against any defect due to faulty or defective manufacture. © A statement indicating where the goods are to be returned if they are faulty. ‘ © A guarnatee that parts, ,v labour and transport will be the responsiblity of the manufacturer (or iri some cases, the re- < taller). • That the guarantee is transferable within the specified period. • That the guarantee is in addition to all others expressed or implied by statute and law.