Out of warranty - Customer threatning for cour claim
I have one customer, who bought a product in August 2023 and now he claims that product has become faulty and he is threatening me to take me to the small claim court saying that product was not durable enough.
I offer only three month limited warranty in line to Amazon's policies and I do not give any life time insurance.
What to do in this case?
Out of warranty - Customer threatning for cour claim
I have one customer, who bought a product in August 2023 and now he claims that product has become faulty and he is threatening me to take me to the small claim court saying that product was not durable enough.
I offer only three month limited warranty in line to Amazon's policies and I do not give any life time insurance.
What to do in this case?
8 replies
Seller_d8YGbIjNqwFxn
There are specific rules that say if the customer can prove an item was faulty when brought that they can ask for you to step in to repair or replace the item for up to 6 years after they purchased it.
If it is down to how the product has been used or fair wear and tear on the product then you don't need to do anything. However if it was faulty when the customer received it and that fault has caused the product to break you may need to do something.
The burden is on the customer to prove the product was faulty when they received it. Which is a difficult thing for them to do.
You should google the consumer rights act 2015 to get a clearer picture of what the customer is entitled to.
It may help if you let us know what type of product it is.
Seller_mS10UjVYuuGor
As stated above you cannot choose to offer a warranty below what is required by law, you can only choose to exceed what is legally required if you wish. Amazon policy is just their policy, totally irrelevant and completely indefensible in court.
That said if the item was purchased and delivered in August 23 and the claim is recent then it's over a year. Most cheap items wouldn't be expected to last that long but more expensive items or prestigious brands maybe. If the customer bought a £20 unknown brand kettle they have no claim, if they bought a £2500 SMEG fridge freezer they may well have a claim. The devil is in the detail.
Seller_IQo80d99W2DzP
If you refuse to do anything, they may win, as the other 2 Sellers have said.
Consumer Rights Act 2015 (look on Which? - Consumer Rights - that may help) .
What is the item, how much is it worth, how long would you expect it to last?
Inform the Buyer that The Consumer Rights Act 2015 applies - as over 6 months old, then the Buyer needs to prove a 'Manufacturing Defect' not just damage, wear and tear during normal use, gone faulty, etc.
It needs an Expert Report, at their expense (tell them to provide the Expert's details so you can verify they are qualified before they pay out, as both need to accept the Expert). Then if a Manufacturing Defect, a repair can be carried out. The Seller and Buyer pay part each, the % varies according to how long the item is expected to last before a repair is needed.
Example: Item is £200, the Expert Report costs £100 (not reclaimable, the Buyer pays that). The repair costs £60 - the item is expected to last 2 years, it lasts 1 year, so both pay £30 each. However, as the Buyer had to pay £100 for the Expert Report, it would have been cheaper if they just got the item repaired at £60
Expert Reports tend to cost anything from £80 to £300 - unless something complicated, like a house, car, etc which can be £1000's.
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Manufacturers Warranty, is totally separate to the Sellers liability, above. I would just say though 3 months is a very short manufacturers warranty. 1 year is average on most items, and longer with some others. I suggest to show on the listing if you are the Brand owner. The Buyer has to claim direct from the maker/brand owner, not the Seller after 30 days, but most Sellers assist and then saves The Consumer Rights Act kicking in for under 6 months, when the Seller has to prove it is not a Manufacturing Defect for a free repair at the Sellers expense in full. You could have major issues in not at giving at least 6 months cover.
Seller_iwDZC5h1MCUbw
If the items you are selling are brand new then you have to provide 12 months warranty as a minimum, this is consumer law in the UK. By offering 3 months you are not complying with UK consumer law. I think only a few items you can offer reduced warranty ie custom made goods, batteries, perishable goods, CD's etc etc
If the customer contacted you within the a 12 month period from the date of delivery then the customer is entitled to warranty on the item.
If the customer made contacted outside of the 12 months warranty then the customer will need to prove the item was faulty at purchase.
If the sale is SFP direct the customer to Amazons customer service (you can submit a SAFE-T claim once the item has been returned)
If the sale is FBA the customer should contact Amazon. (you will have a hassle trying to recoup the cost from seller support)
If the sale is FBM then watch out for an A-Z claim that can be opened by Amazon customer service if the customer believes the item had warranty and is within the warranty period.
The customer can also make a claim in court if they can prove the fault developed while the item was in its warranty period.
Most customers won't bother, but you always get one who will take it further. Is it worth fighting a claim, time spent, costs incurred ? Or can you not offer to take the product back for a repair or maybe replace it with an open boxed item ? If you get the item back and its clearly customer damaged take pictures and refuse the warranty, that is your evidence should the case progress further.
Seller_WIndmNYDp7rQF
After 12 months I would revert the buyer to the manufacturer for warranty.
