In having a nose around Bachmann's website I came across this relating to Trains N Railways.
http://www.bachmann.co.uk/details.php?id=68&vis=2 (http://www.bachmann.co.uk/details.php?id=68&vis=2)
Bachmann won't provide any warranty claims on any of their products via this retailer.
I saw this on the Bachmann website a few weeks ago,
never been to this dealer which is about an hour from
where I live. N gauge dealers a bit thin on the ground
in Scotland, Harburn Hobbies in Edinburgh probably
about the best, though hopefully Waddells Models
in central Glasgow (recent successor to D&F Models)
will develop in time.
I saw this on the Bachmann website the other day, and it set me wondering.
As far as I know - and perhaps someone is more familiar with the Sale of Goods Act so can clarify, but I don't think a manufacturer is obliged to offer any kind of warranty to a consumer. I believe in law the customer is required to return faulty goods to the retailer, who must offer a replacement or a refund within the first 6 months, and after that the customer has to prove the goods were faulty (and that's when things get mucky).
I don't know how the law deals with disputes between a manufacturer and a distributor, but presumably someone is supplying this retailer with Bachmann products. Would this mean (in theory) the distributor is the retailer, and the retailer the consumer?
Quote from: gorebridge2001 on December 06, 2012, 12:20:16 PM
As far as I know - and perhaps someone is more familiar with the Sale of Goods Act so can clarify, but I don't think a manufacturer is obliged to offer any kind of warranty to a consumer. I believe in law the customer is required to return faulty goods to the retailer, who must offer a replacement or a refund within the first 6 months, and after that the customer has to prove the goods were faulty (and that's when things get mucky).
It can be a lot more than 6 months here
Quote
I don't know how the law deals with disputes between a manufacturer and a distributor, but presumably someone is supplying this retailer with Bachmann products. Would this mean (in theory) the distributor is the retailer, and the retailer the consumer?
Not quite - the retailer is a business and the rules for business contracts are different and the state doesn't meddle to protect in the same way. For example in the PC world it wasn't unknown for the retailer to get a deal that went
'We ship you 10% more systems, you handle the returns without bugging us"
Perhaps the Bachmann position is that in the event of a retailer going bust
they would repair your item FOC provided the retailer was an authorised
distributor of their products. In general I think if goods are faulty the
retailer must repair, replace or refund the cost, also if paid by credit card
the card company is liable if all else fails.
Perhaps any member with detailed knowledge of consumer law
can provide a brief summary of the various points mentioned on
this thread.
This is a topic that I have an overview of. I have been out of the loop so things may have changed.
Basically;
Manufacturer sells item to retailer. Retailer sells to public.
In this scenario, the retailer makes some margin for the effort of doing all the customer stuff. The item that the public buys has to be returned to the retailer, as if it goes back to the manufacturer direct (when the retailer still exists), there are no ways of linking the item to the order as this would breach confidentiality between the retailer and the manufacturer.
i.e. The item would need to be returned to the customer at some point, how would this address be recorded accurately when the invoice has been created and can not be further altered. Besides imagine the fireworks if a trade invoice got to an end user!!!
Besides, from a customers standpoint;
The shop is customer focused, its warm, there's time available, its nicely displayed and information is offered so that it can be digested.
The manufacturer is not a retailer, they are an industry. They don't care if your warm, or happy. They dont care if you want their time. They are rushed, rude and their attitude may not reflect their prime products.
At the end of the day, customers want a good experience.
Manufacturers don't want the inconvenience of dealing with the public.
The retailers make their money by adopting the customer focus and this is the justification for their profit.
Hope this answers any questions
One confusion I think is that a guarantee is something offered by the manufacturer or retailer in *addition* to your statuatory rights.
So if a model goes bang the law says you can take it back to the shop to get it sorted. As an end consumer thats always the case (and a guarantee doesn't change it).
Dapol and Bachmann also offer guarantees that may grant you additional rights or alternatives (like sending it to DCC supplies for fixing rather than hoping the shop can swap it for another one)
And of course beyond that the manufacturers like their customers happy so may well go beyond what they have promised on paper or the law says simply because it's the right thing to do, and often it's good business sense. I imagine an official reseller going bust may well fit into the category.
Alan
"Statutory rights" is the key phrase I think - it doesn't matter one jot whether Bachmann offer a warranty or not.
It is the retailer's responsibility to resolve any issues with faulty goods, so the fact that this is not a Bachmann approved supplier doesn't really affect us as customers.
Quote from: Agrippa on December 06, 2012, 12:00:40 PM
N gauge dealers a bit thin on the ground
in Scotland,
Tell me about it, Modelzone in Aberdeen not stocking N anymore apparently theres no market for it!.
Told him in public how much I had spent recently trying to support local business and that is now gone to mail order!
Rgds
Mark
I found that modelzone both in Cambridge and Peterborough are doing the same, buy it off our website was the offer from the retailer in Peterborough, luckily I found Trains4U down the road and came away with a nice 47 (which I wasn't after lol!)....
Modelzone in Glasgow has a moderate range of N coaches and wagons , only
powered vehicles are usually a few DMUs. Also they have Peco setrack and
Kestrel kits.