Dustydog said:Prof.
Almost fully understand the dilemma you illustrate.
Do you think the manufacturers guarantee is an additional protection that should not over ride your basic legal rights in tort or contract against the supplying dealer?
Maybe time for PCv to have a monthly legal page?
Hello Dusty,
In virtually every manufacturer's warranty documentation or printed on the packaging there will be a phrase that says something to the effect that "the manufacturers warranty does not affect your statutory rights" This is one of the foundations of consumer law, and clearly demonstrates the superior position of statute law over commercial interests.
A manufacturer's warranty can never "override" your statutory rights. it can only ever be in addition to. Even if you have work done as part of the manufacturer's warranty, if that does not resolve the fault, you can always ( in theory) revert to your statutory rights against the seller.
I wrote "in theory" becasue the criteria and burden of proof to make a SoGA or CRA claim is different to the criteria in manufacturers warrantee.
However, if a manufacturer has already accepted liability under the terms of its warranty, then that may quite possibly be an important piece of evidence to support a SoGA or CRA claim.