Hi Bill the Bus,
This is a point that many folks miss out on due to a lack of knowledge of contract law and with very little publicity anywhere to help folks out. Here goes.....
When you buy something e.g a Battery, that item may be protected by two contracts
Firstly; The contract for purchase regulated by a whole raft of consumer law and that contract is between you and the seller. This statutory protection always arises if you buy from a seller in the course of his business.So, not for a private sale.... and
Secondly; If the seller feels inclined, by a separate warranty agreement giving you extra rights to your statutory rights. That warranty contract may come from the manufacturer rather than the seller. If a warranty is offered always ask for the written form of warranty. Often find one in the packaging from the manufacturer. That warranty is regulated by its terms and conditions so you need to see the written word.
If the warranty is from the manufacturer, the seller is merely the manufacturers agent or middle man through whom you deal to get the manufacturer to sort out problems. When you take the item back to the shop it appears that the seller is sorting it out, but he merely gives you a new one, on behalf of the manufacturer, and reclaims his costs from the manufacturer.
Difference between repair and replacement
You don't always get a warranty but when you do
Repair:-
If the item goes wrong and it is repaired the original term of the warranty remains in force. It does not start again. So, e.g you get, say, a three year warranty against rust on your car. After two years it is rusty and they fix it. If that fix goes rusty in, say, two years you are out of the original three year warranty period.
For the repair to remain protected by a warranty for as long as the original warranty, you should ask for the repair to be warranted for a further term equal to the original warranty. Get it in writing. They may give you that additional guarantee. If not then you have to rely on your rights under the Supply of Goods and Services Act which states that the person providing a service (repair), in the course of a business, has to use reasonable skill and care. In the example I gave, you would have to prove that they have not used such skill and care and as a result the rust has come back. That can be tricky. The reasonable skill and care requirement under statute is a contract the enforcement of which runs for six years from the repair.
Replacement:-
If the item (Battery) you bought goes wrong and they replace it there may be a warranty from the manufacturer in the box. Check its wording, it may only operate if you have paid for the item.
If there is no warranty then you need to ask for a warranty again. It is important to appreciate that, as in the case of the OP's battery, the warranty was for the original battery and not for any other battery they supply. That distinction is often not appreciated.
They may only give you a new warranty for the term of the original warranty as that was all that you bought in the first place. Sellers, after all are not in the business of continually replacing goods. Your statutory rights last only six years (limitation period), so they would not give warranty after warranty for longer than that. The warranty is included in the price so if it is replaced you would normally only get what you originally paid for.
So, remember folks, ask for a new warranty for the repair (if its that important) or for the replacement
Phil
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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
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Topic: Caravan battery warranty advice please
