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06/5/2014 at 11:16am
Location: Worcestershire
Outfit: Buccaneer Cruiser
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Quote: Originally posted by Kirsten-Jayne on 06/5/2014
It's a twin axle caravan and I have emailed the dealer to ask what the warranty does and does not include :0)
If they want to charge you for what you would get free under SOGA, I would look elsewhere for a caravan.
Basically they are saying no warranty on caravan if you do not buy a warranty from them. This is wrong.
We bought a 6 year old caravan twin axle and there was a 12 month warranty with the caravan free of charge.
You need to remember that a warranty is not worth the paper it is written on as the Sale of Goods Act actually covers you for 6 years.
As per the Sale of Goods Act;
1 Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
2 Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description. Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
3 It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
4 If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
5 For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
6 A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.
There is more but the above are the main points. The dealer is trying to rip you off and duck their responsibilities!
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07/5/2014 at 10:48am
Location: East Sussex
Outfit: Conway Crusader 2001 folding camper
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Quote: Originally posted by iank01 on 06/5/2014
If they want to charge you for what you would get free under SOGA, I would look elsewhere for a caravan.
The SOGA isn't there to act as any sort of warranty, it's their to protect the consumer when things are clearly not fit for purpose etc.
Pursuing things under the SOGA involves going through (small claims) court, so not exactly the most preferable method. So you're suggesting that for every little problem/niggle to pursue it through the SOGA? Doesn't work like that. That's what a warranty is there for, to cover different eventualities, all dependent on how good the warranty is of course. Some cover loads, some cover next to nothing.
It's a used caravan first of all, so say the fridge packs in after six months of them having it. SOGA will be of no use whatsover there, whereas a warranty that covered that would.
The SOGA is so full of vague definitions, with each case being different, which is why you need to go through the courts to have that decided by them. A warranty is normally clear exactly what is, or isn't, covered.
Quote: Originally posted by iank01 on 06/5/2014
Basically they are saying no warranty on caravan if you do not buy a warranty from them. This is wrong.
It's not 'wrong', no warranty means no warranty. Again, you're treating the SOGA as some sort of warranty, it's not. Whether someone chooses to buy a caravan from a dealer without a warranty is their choice, but if there's no warranty included with it, or the buyer doesn't buy one, then it has no warranty. Redress would only be through SOGA with all the hassle/grief/trying to prove your case that involves.
Quote: Originally posted by iank01 on 06/5/2014
We bought a 6 year old caravan twin axle and there was a 12 month warranty with the caravan free of charge.
You need to remember that a warranty is not worth the paper it is written on.....
So why did you accept a warranty then, even a free one, and not just rely on the SOGA if a warranty is not worth the paper it is written on?! Some warranties aren't worth the paper they are written on, yes, but that doesn't mean they all are. As has been advised to the OP, find out exactly what the warranty does, and doesn't cover, and then decide. Given replies from someone who it sounds like has the same warranty, they've made good use of it and had lots of things covered/sorted - which to have pursued through the SOGA would probably either not been possible, or a lot of grief.
I'd suggest to the OP that they see if they can get the warranty thrown in, no harm in asking, but to say that the SOGA is there instead of a warranty is completely wrong and very poor 'advice'.
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07/5/2014 at 3:20pm
Location: Worcestershire
Outfit: Buccaneer Cruiser
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Quote: Originally posted by LightFantastic on 07/5/2014
Quote: Originally posted by iank01 on 06/5/2014If they want to charge you for what you would get free under SOGA, I would look elsewhere for a caravan.
The SOGA isn't there to act as any sort of warranty, it's their to protect the consumer when things are clearly not fit for purpose etc.
Pursuing things under the SOGA involves going through (small claims) court, so not exactly the most preferable method. So you're suggesting that for every little problem/niggle to pursue it through the SOGA? Doesn't work like that. That's what a warranty is there for, to cover different eventualities, all dependent on how good the warranty is of course. Some cover loads, some cover next to nothing.
It's a used caravan first of all, so say the fridge packs in after six months of them having it. SOGA will be of no use whatsover there, whereas a warranty that covered that would.
The SOGA is so full of vague definitions, with each case being different, which is why you need to go through the courts to have that decided by them. A warranty is normally clear exactly what is, or isn't, covered.
Quote: Originally posted by iank01 on 06/5/2014Basically they are saying no warranty on caravan if you do not buy a warranty from them. This is wrong.
It's not 'wrong', no warranty means no warranty. Again, you're treating the SOGA as some sort of warranty, it's not. Whether someone chooses to buy a caravan from a dealer without a warranty is their choice, but if there's no warranty included with it, or the buyer doesn't buy one, then it has no warranty. Redress would only be through SOGA with all the hassle/grief/trying to prove your case that involves.
Quote: Originally posted by iank01 on 06/5/2014We bought a 6 year old caravan twin axle and there was a 12 month warranty with the caravan free of charge.
You need to remember that a warranty is not worth the paper it is written on.....
So why did you accept a warranty then, even a free one, and not just rely on the SOGA if a warranty is not worth the paper it is written on?! Some warranties aren't worth the paper they are written on, yes, but that doesn't mean they all are. As has been advised to the OP, find out exactly what the warranty does, and doesn't cover, and then decide. Given replies from someone who it sounds like has the same warranty, they've made good use of it and had lots of things covered/sorted - which to have pursued through the SOGA would probably either not been possible, or a lot of grief.
I'd suggest to the OP that they see if they can get the warranty thrown in, no harm in asking, but to say that the SOGA is there instead of a warranty is completely wrong and very poor 'advice'.
Do you have any concept of SOGA as you do NOT have to go to court to make a claim? Are you linked to the dealership in any way?
As stated previously warranty is not worth the paper it is written as SOGA over rides any warranty.
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