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How to get stuff repaired when the manufacturer don't wanna: take 'em to court

blog.simonrumble.com

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Re: How to get stuff repaired when the manufacturer don't wanna: take 'em to court

#11

Post by spacebanana7 »

thisislife2 wrote: post #9

This is the way. You just need to be patient. Threatening to file a case with the consumer court (India) often gets a better response from big businesses. Though, I am surprised why you are allowed to sue the retailer here (unless they were selling the product under their own brand name)?

Many countries place the regulatory burden on the importer/retailer of products to make enforcement easier.

It can be difficult to directly sue a foreign manufacturer but importers and retailers tend to have domestic legal entities that can be compelled to attend court appearances etc.

Re: How to get stuff repaired when the manufacturer don't wanna: take 'em to court

#12

Post by davidgerard »

thisislife2 wrote: post #9

This is the way. You just need to be patient. Threatening to file a case with the consumer court (India) often gets a better response from big businesses. Though, I am surprised why you are allowed to sue the retailer here (unless they were selling the product under their own brand name)?

Because your contract was with the retailer. UK consumer law works the same way.

Re: How to get stuff repaired when the manufacturer don't wanna: take 'em to court

#14

Post by xxs »

Tistron wrote: post #3

Does anyone know whether and how this translates to other places in the world? For me, it's the most interesting with EU/Sweden. We don't have courts like this do we?

In the EU there are 2 years warranty for pretty much anything (not services), so the reverse bathtub descent is bit more than that.

As for courts - there is a customer protection commission/service in most (all) EU member states. However, they won't do anything if the item is out of legal claim for 'free' (any) repairs.

My personal issue is not the warranty/courts, though. While I can repair all kinds of stuff (from laptops board repair to gas lawn mowers), the fact you get a piece of junk that serves no purpose until repaired, is damning. A story may make a decent material for a blog post, but in real life you generally don't have luxury to pursue a slow process for repair/replacement, if it's an important piece of equipment.

Re: How to get stuff repaired when the manufacturer don't wanna: take 'em to court

#15

Post by RobotToaster »

thisislife2 wrote: post #9

This is the way. You just need to be patient. Threatening to file a case with the consumer court (India) often gets a better response from big businesses. Though, I am surprised why you are allowed to sue the retailer here (unless they were selling the product under their own brand name)?

Works the same in the UK. It makes sense that the retailer is responsible for ensuring goods they sell are fit for purpose, especially when many of these laws predate online shopping. Also it would be difficult to sue a manufacturer who isn't in your country.

Re: How to get stuff repaired when the manufacturer don't wanna: take 'em to court

#17

Post by cornel_io »

shermozle wrote: post #16
jopsen wrote: post #13

Asking a warranty repair on a 9 years old oven is a bit of a stretch. I doubt it'd fly in the EU.

The question I ask straight back at you: how long do you think an oven should last?

9 years is a lot to expect it to be under warranty...

Re: How to get stuff repaired when the manufacturer don't wanna: take 'em to court

#19

Post by RobotToaster »

Tistron wrote: post #3

Does anyone know whether and how this translates to other places in the world? For me, it's the most interesting with EU/Sweden. We don't have courts like this do we?

I know EU law requires a two year warranty on everything, it was one of the few good things the UK got out of it.

Re: How to get stuff repaired when the manufacturer don't wanna: take 'em to court

#20

Post by Arnt »

thisislife2 wrote: post #9

This is the way. You just need to be patient. Threatening to file a case with the consumer court (India) often gets a better response from big businesses. Though, I am surprised why you are allowed to sue the retailer here (unless they were selling the product under their own brand name)?

There are three companies involved (maybe more): The retailer, with which you have a contract, the importer and/or distributor, with which you don't, and the manufacturer, which is in another jurisdiction. Given that the manufacturer is usually somewhere abroad, which company will the legislature pick? There are two options, so I'd be shocked if the lawyers agreed on which option is better to write into the law.

https://toroid.org/exide-warranty-nightmare is an Indian story you might like BTW.

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