Consumer Rights - The Six Year Rule

[Brians520]

Hi All,

I have on order a 530 Affinity 2014 and I have read a lot about warranty claims work problems, dealers manufacturers saying you only have a one year warranty, I know believe this is untrue, I have attached a "Which" link, http://www. motorcaravanning. com/vehicles/sixyear_rule. htm

so please tell me, am I reading this incorrectly??

 

Brian

[Easy T]

You are reading it correctly. Often a dealer will say 'The manufacturer wont warrant that aspect of the caravan after x years'. A case in point was my last caravan and at two years old I discovered a manufacuring fault in the rear dining area seat suab. The dealer stated that it was not covered after 12 months. I simply said that whether the manufacurer covered it or not by warranty was of interest to the dealer - not me. My contract was with the dealer who replaced the squab. Whether he was compensated by the manufacturer I have no idea, that was between them.

 

The article also mentions currys. We had a laptop that developed a problem and I took it back. Currys told me to contact the manufacturer. I refused and said that I had explained the problem with them (Currys) and it was up to them to resolve the issue and return the laptop to me when repaired - which they duly did.

 

The fact that a manufacturer gives a warranty does not (cannot) limit your rights under SOGA. Obviously with major faults it is good that there is a way of taking some of the cost away from the dealer for manufacturing faults without him having to take action against the manufacturer. Also in the event of a dealer ceasing to trade the warranty is useful to the customer.

[henrypartridge]

Best of luck with that one. I understand SOGA, but six years?

Edited February 13, 2014 by henrypartridge

[DACS]

I think that six years is only a guideline. The idea is to work out a reasonable lifespan for the goods in question. Some items might only be expected to last for a year or so but a large purchase, such as a caravan, would be expected to last for several years.

[Gellyneck]

The text of the Act here http://www. legislation. gov. uk/ukpga/1979/54/contents.

Note, you also have to consider the amendments to this (links included in the page).

[Alan Stanley]

Yes you are reading it right.

 

The crux being in this paragraph.

 

'Remember your contract is with the seller and no-one else. Note also that your rights regarding 'satisfactory quality' includes major components like fridges and heaters and may last for up to six years, whatever the guarantee says. Furthermore it is the seller who must resolve your complaint. (The seller may of course make his own claim on the manufacturer but that is not your problem!)'

 

But the attitude and knowledge in the trade is at best lacking and at worst criminal. We all need to push for our rights and be prepared to go to court if necessary. Unfortunately this process frightens many. Phrases like 'That component is only warranted for 12 months sir' just bring the red mist down now.

[klyne]

The key term is 'satisfactory quality' and rather who decides that. The law does allow for faults to be put right so that is why you need always to return to the place where it was purchased as a first stop. How far down that road you go is entirely up to you because I somehow doubt you will walk into dealership and get a refund of the purchase price!!! If things get messy you are likely to have to resort to the civil courts where you might have to prove that it is not of satisfactory.

 

Now on a more positive train of thought should you really be thinking that your lovely new caravan will be faulty rather than thinking about all the lovely times you will enjoy in it? I accept that not all caravans are perfect but most problems will show up before the first service. Most manufacturers have quite long warranties, particularly on water ingress, so things like damp are in some makes covered way beyond even the Sale of Goods Act limit.

 

David

[CommanderDave]

Caravan warranties are made up of manufacturers warranties . The caravan manufacturer does not warranty any components itself but uses the component manufacturers warranty to call upon.

 

This why plastic windows usually only have 1 year warranty and fridges and other components are 3 yrs as this is what the manufacturers quote .

 

As said once out side a warranty period it down to a court to decide what is a life expectancy of a item .

 

You could end up loosing a lot more money than the item is worth with legal fees ?

 

Dave

[Jay]

I personally wouldn't go off that article, mainly as it's over 10 years old and I have found most places are aware of the SOGA more. ...

[BradleyWiggins]

The six year rule doesn't imply that something should last six years.

 

It means that you have up to six years to complain about a fault. your caravan may break in year one but you can take action any time in the next 5 years.

 

As I understand it.

[Reads]

The SOGA is there to protect both the consumer and retailer. I think it's a great law but I'm surprised at how many people don't understand their own or the retailers rights. Every judgement I make, I make fairly eg. 1 customer several years ago didn't except that the CD player wasn't covered under warranty after 3yrs. I explained it wasn't reasonable to expect a radio which only cost £55. 00 to last longer than 3yrs and I was prepared to defend this in court. I have to say this was after a tirade of abuse and bad language from the customer. On the other hand a 7yr old caravan we sold used 12 mths ago, we found at service to have damp. This we repaired free of charge even though it was out of the used warranty period. The reason, it would be reasonable to expect a caravan we sold 12mths ago with a clean bill of health not to suffer with damp in that time.

 

I always try to be fair, make my decisions base on SOGA and what would considered to be reasonable to a judge. If a customer decided to challenge my decision and threaten me with SOGA I have invited them to proceed, because I have already acted within the guidelines and again I know SOGA is there to protect both consumer and retailer.

[Reads]

As regards the 6yrs, it is a time period to report a problem. That's not to say it will be repaired free of charge, or even at all. Each case is taken on its own merits.

 

Another point to remember is the manufacturer warranty is usually based on what the law says would be reasonable to expect in the first place. These manufacturers are a shrewd lot and will normally only give what they need to. I think this is why they all increased the water ingress warranty to 6yrs just before the 6yr rule came into play.

[Alan Stanley]

The SOGA is there to protect both the consumer and retailer. I think it's a great law but I'm surprised at how many people don't understand their own or the retailers rights. Every judgement I make, I make fairly eg. 1 customer several years ago didn't except that the CD player wasn't covered under warranty after 3yrs. I explained it wasn't reasonable to expect a radio which only cost £55. 00 to last longer than 3yrs and I was prepared to defend this in court. I have to say this was after a tirade of abuse and bad language from the customer. On the other hand a 7yr old caravan we sold used 12 mths ago, we found at service to have damp. This we repaired free of charge even though it was out of the used warranty period. The reason, it would be reasonable to expect a caravan we sold 12mths ago with a clean bill of health not to suffer with damp in that time.

I always try to be fair, make my decisions base on SOGA and what would considered to be reasonable to a judge. If a customer decided to challenge my decision and threaten me with SOGA I have invited them to proceed, because I have already acted within the guidelines and again I know SOGA is there to protect both consumer and retailer.

Which is why you have such a good reputation. Unlike so many others.

[Durbanite]

You are reading it correctly. Often a dealer will say 'The manufacturer wont warrant that aspect of the caravan after x years'. A case in point was my last caravan and at two years old I discovered a manufacuring fault in the rear dining area seat suab. The dealer stated that it was not covered after 12 months. I simply said that whether the manufacurer covered it or not by warranty was of interest to the dealer - not me. My contract was with the dealer who replaced the squab. Whether he was compensated by the manufacturer I have no idea, that was between them.

 

The article also mentions currys. We had a laptop that developed a problem and I took it back. Currys told me to contact the manufacturer. I refused and said that I had explained the problem with them (Currys) and it was up to them to resolve the issue and return the laptop to me when repaired - which they duly did.

 

The fact that a manufacturer gives a warranty does not (cannot) limit your rights under SOGA. Obviously with major faults it is good that there is a way of taking some of the cost away from the dealer for manufacturing faults without him having to take action against the manufacturer. Also in the event of a dealer ceasing to trade the warranty is useful to the customer.

Many people do not realise their rights under SOGA. At present we are having an altercation with a furniture store who are saying that the faulty 2 year old recliner is not their problem and the manufacturer is refusing the repair as the chair is no longer under warranty. Using the above I have informed them of my rights especially as two repairs were done for the same problem within the first year of ownership. Many dealers seem to hope that a customer is not aware of their rights.

[Alan Stanley]

This forum and others are full of people who have run up against a brick wall when something is obviously not right or fit for purpose etc.

 

So let pose the simple question. How many of us have had a problem and the conversation went something like this. "Hello Mr Smith. Oh! your shower tray/window/rear panel has cracked."

 

Intake of breath.

 

"I'm sorry but if you read your warranty conditions that part is only warranted for 12 months because it's plastic."

 

Big smile>

"But of course you are covered with your legal rights under the sale of goods act. On a £20k van that part should last for years and years. So we the dealer will fix it for you, as we are legally obliged to do. Yes we have a van you can borrow to save your holiday."

 

Awaiting replies, cos that's the dealer that will get my business next time.

[Reads]

You might be waiting a long time I`m afraid.

[Alan Stanley]

I know. Call it daft but I actually read warranty and insurance docs, before parting with my money. As an example I looked at Exlorers 'solid' when it was introduced. Then I read the warranty. I quote :-

 

Year 2 and 3 warranty - Covers all original components, including permanently fitted equipment forming part of the original product specification, So far so good. It continues :-

 

with the exception of the following items:

• Microwaves
• Tyres
• Batteries
• Windows and glass
• Deterioration of exterior paint work
• Soft furnishings, carpets and floor coverings
• Entertainment equipment
• Fluorescent tubes, bulbs, LEDs and fuses
• Plastic and GRP exterior panels
• Plastic products including A-frame covers, wheel spats and shower trays
• Minor adjustment of blinds, hinges, catches, stays and doors.

So these are only good enough for 12 months cover.

 

Sorry explorer if that is the confidence you display in the products, particularly things like the Plastic and GRP exterior panels, shower trays etc. that you choose to fit then you ain't getting my money.

 

Are you really saying to your customers that if the rear ABS plastic panel fails after 12 months you are not covered, because that is what your warranty says.

[Durbanite]

I don't think Explorer come into the equation as the contract is between the dealer and yourself however reading those conditions it would certainly put us off buying one as it seems they have no faith in their own products.

[Alan Stanley]

If all dealers faced up to their legal responsibilities it would not be such a worry for customers. Unfortunately as many of us can testify it becomes an uphill battle. The Law does not come into their thinking. It is more like can we get away with or can we put this customer off.

 

This transfers to those good dealers as urban myth that all dealers are the same in public perception. This then affects sales will they never learn, service sells, well it did for me.

[Brians520]

Thank you all for your responses, I have had caravans from new being a Swift 530 and Bailey Unicorn both with problems so a change of manufacturer seems like a good idea, I suppose I'm look for reassurance as both the above caravans have been repaired under warranty, but reading through the Elddis forums, things like potholes, split body's and the company not accepting liability within a warranty period, "The Six Year Rule" time will tell!

 

The wife and I are really looking forward to our new 530 Affinity, which we hope we will be able to pick up Feb/March, weather permitting.

 

Thanks again for all your posts

 

Brian

[Scoobz]

If all dealers faced up to their legal responsibilities it would not be such a worry for customers. Unfortunately as many of us can testify it becomes an uphill battle. The Law does not come into their thinking. It is more like can we get away with or can we put this customer off.

 

This transfers to those good dealers as urban myth that all dealers are the same in public perception. This then affects sales will they never learn, service sells, well it did for me.

Good posting, totally agree with everything you say,but I would include Manafacturers also . I think the dealer blames the manafacturer, and as I have found out, Manafacturers blame the dealer, when it has most certainly been the Manafacturers fault. I think it fits both there purposes shall I say that they have each other to blame.

[henrypartridge]

1 customer several years ago didn't except that the CD player wasn't covered under warranty after 3yrs. I explained it wasn't reasonable to expect a radio which only cost £55. 00 to last longer than 3yrs and I was prepared to defend this in court.

 

Isn't the problem, with things like CD players and microwaves and so on, that they were never designed to be bumped about like they are in caravans? No such excuse for things like shower trays and the outside of Elddis caravans.

[Easy T]

CD players can get a rough ride in cars over longer distances.