Small business - supplier out of business and manafacturer won't help with warranty

[Amethyst]

Posted on behalf of user 'Gemmy'.

Hi, we are a small business & in July 2010, supplied & installed an electrically operated canopy awning for a customer. We purchased the electric awning in July 2010 from a company that are no longer in business. The electric motor on the awning has now ceased to work. We have contacted the manufacturer of the motor, who are not interested. They have said that the company who we purchased from are responsible for the warranty. However, as I said, that company no longer exist. We have explained this to the customer & also stated that we were not equipped to remove a motor from an awning but suggested a company that could help. They have contacted the company for a price & our customer is expecting us to pay for the supply & install of a replacement. Where do we stand on this.

Any help would be gratefully received & very much appreciated.

Thank you in anticipation

[enquirer]

Re: Small business - supplier out of business and manafacturer won't help with warran

On the face of it, the contract appears to have been between G (Gemmy) and C (Customer).

Normally, G would replace for C and then in turn look to S (the original Supplier), for recompense for the defective unit. As however S no longer exists, G is stuck with it.

As G is not qualified to replace the unit, it is reasonable for C to get it replaced by F (a qualified Fitter), and then expect G to foot the bill. Alternatively, G could themselves subcontract the work to F.

Subcontracting might be cheaper, given that G should be able to negotiate a trade price. It would keep the matter relatively simple (if C contracts with F, and F screws up, it could get complicated).

[Gemmy]

Re: Small business - supplier out of business and manafacturer won't help with warran

Thanks for your response Enquirer, it is very much appreciated. This may be the way to go, although, we have since found out that the original supplier has set up again trading as....
It has been suggested that we contact them to find out who the liquidator was of their previous company & to see whether they carried any insurances for such warranty works, although I don't hold out much hope (but worth a try).
Does the fact that the unit is now over 3 years old have any bearing on this? i.e. I know as a consumer that when I have tried to take a faulty item back to a retailer after 1 year, they say I need to send it back to the manufacturer, the store do not want to know.
Also, as an alternative suggestion would it not be reasonable for me to say that we will pay for the replacement motor but the customer has to pay for the labour element. This way I am trying to go some way to meeting the customer. Again from personal experience, after 1 year I have been told that my product is out of warranty & if I want to ensure no costly repair bills then I should take out insurance.
Sorry for all the questions, but I'm just trying to see if I have any other options.
Thank you in advance for any response you may be able to give.

[charitynjw]

Re: Small business - supplier out of business and manafacturer won't help with warran

Hi Gemma,

Out of interest, how long was the warranty for?

Also, I see you've tried the motor manufacturer, but often the warranty is given by the manufacturer via the sales outlet.

Have you tried looking on their website for any info?

[enquirer]

Re: Small business - supplier out of business and manafacturer won't help with warran

... we have since found out that the original supplier has set up again trading as ...

You could approach them and see if they will make a goodwill gesture.

It has been suggested that we contact them to find out who the liquidator was of their previous company & to see whether they carried any insurances for such warranty works, although I don't hold out much hope (but worth a try).

A long and winding road, that one. Given that time is money, is it worth the effort?

Does the fact that the unit is now over 3 years old have any bearing on this?

It would depend very much on the expected life of these things.

I know as a consumer that when I have tried to take a faulty item back to a retailer after 1 year, they say I need to send it back to the manufacturer, the store do not want to know.

The contract is normally with the immediate seller, so in the absence of any other prior arrangement, it's their problem. Hence C complains to G who then complains to S.

Note that warranties and rights under the law relating to the Sale of Goods are not the same thing.

Also, as an alternative suggestion would it not be reasonable for me to say that we will pay for the replacement motor but the customer has to pay for the labour element. This way I am trying to go some way to meeting the customer.

You can certainly try, but unless there is some sort of 'parts only' clause in the contract, they will be able to refuse.

Again from personal experience, after 1 year I have been told that my product is out of warranty & if I want to ensure no costly repair bills then I should take out insurance.

If it's out of warranty, that's normally an end to it. However, that does not necessarily mean that there is no claim under the Sale of Goods.