Manufacturer's Warranties: Permissible Restrictions

lamprhey

New Member
Oct 18, 2011
1
0
0
Abergavenny
Hi -- my first post to this forum.

My wife has just bought a Pfaff sewing machine on eBay.co.uk from a private seller. The item description said the machine was new and unopened, and mentioned a 5-year manufacturer's guarantee. Before bidding I asked the seller why she was selling it, and she said it was an unwanted gift.

When it arrived it was clearly New and the packaging was fully virginal. The item appears to be new and works well in preliminary testing. The Pfaff guarantee documentation specifies that the guarantee is available only to the first purchaser and is non transferable; to register for it we need to provide the name of the Pfaff dealer and the purchase date, neither of which we know. The seller says that it was a wedding gift in April but can't contact the person who gave it her because she no longer has any working contact details.

Can Pfaff restrict their guarantee in this way? If so, what rights do I have against the eBay seller, given that the item was sold as having a 5-year Pfaff warranty?
 

trickygj

Moderator
May 31, 2010
400
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18
Cheshire
www.richardgjohnson.co.uk
lamprhey

Guarantees and warranties are provided usually free to the purchaser and are part of the contract between the manufacturer/retailer and the buyer. There is no obligation to extend this to subsequent third parties. In other words the manufacturer can set what terms it wants with regard to the warranty.

Private sales are not covered by the Sales of Goods Act 1979 and so you would not be able to claim under s13 misdescription. However, if a seller states something that is untrue which induced you to buy the item then this could be misrepresentation.

If you really want the warranty then you should contact the seller and reject the goods as misrepresented and ask for your money back or the name of the person you need for the warranty.