Warranty advice

[Dave W]

The brief facts.
dealer (not me) sells a used machine (approx 10 yr old) to an ex pat living in France.
Buyer send a driver to pick it up. Machine is demoed and driven onto his transport.
machine gets to France and 2 days later buyer rings up complains engine has seized.
I know the dealer to be 110% trustworthy and the machine would have been in perfect order.
what should dealer do?

 

[davidroberts30]

Not sold as seen?

 

[Dave W]

Worth noting at this point there's no verification the engine is seized

 

[Dave W]

Not sold as seen?

Being a dealer It has to be fit for purpose as far as I'm aware.

 

[davidroberts30]

Being a dealer It has to be fit for purpose as far as I'm aware.

lorry driver seen machine working and accepted it
"sounds" like the buyer wants a few £££ off

 

[davidroberts30]

tell the buyer to send it back and if engine is seized he'll get his money back??

 

[upnortheast]

Sold a van once, test driven & approved by the buyer.
2 days later he ring to say gearbox has failed. demanding £££££££££££ back

I ask him to send a copy of the garage invoice where he got it fixed so I could give the matter due consideration.
Much cursing & name calling on the phone but never heard from him again.
pee taker ?

 

[ewald]

Return to dealer (at buyer’s cost) for assessment - it isn’t the dealers fault that the buyer is in France.

 

[le bon paysan]

tell the buyer to send it back and if engine is seized he'll get his money back??

Return to dealer (at buyer’s cost) for assessment - it isn’t the dealers fault that the buyer is in France.

 

[Cowabunga]

Sold a van once, test driven & approved by the buyer.
2 days later he ring to say gearbox has failed. demanding £££££££££££ back

I ask him to send a copy of the garage invoice where he got it fixed so I could give the matter due consideration.
Much cursing & name calling on the phone but never heard from him again.
pee taker ?

Lots of them about.

 

[Agri Spec Solicitor]

The seller should remind him / her self what the terms of the contract are. That will give a good clue as to whether there has been a breach.
If there is a potential for legal action then it is best not discussed in public.
Very often the answer is just the amount of money in dispute. Is the fight or the defence economically viable?

 

[Pennine Ploughing]

Don't think " fit for purpose" would wash on a 10 year old machine,
But under the distance selling a act, the buyer can return the goods for full refund if it's within 14 days, of bill of sale, not when he gets it,
Don't know if this applies in France, but as part on the EU, it could well be,
And it's up to the buyer to pay all postage costs, or in the case haulage

Trading standards don't really want to know as it's business to business transaction, also buyer accepted it by taking it away,
I would suggest if and I mean if, there was warranty, then dealer should offer a full refund on sale price, if it is returned in the 14 days,
If engine is siezed, take in on the chin, but bill any other damage,
If true, and he sold it to a good local customer, he would of taken in back anyway if good, or come to some arangements,


PS this sounds like a scam, and don't I mean don't whatever let a french dealer do the job for your mate, talk about getting your pants pulled down, that will be only the start, after he and the whole workshop has raped you, they will cut off your balls, and then face feck you till your unconscious

 

[Al R]

PS this sounds like a scam, and don't I mean don't whatever let a french dealer do the job for your mate, talk about getting your pants pulled down, that will be only the start, after he and the whole workshop has raped you, they will cut off your balls, and then face feck you till your unconscious

 

[Exfarmer]

If I was dealer X I would ask my mate Dave W to ask if anyone on TFF lived in the location of his buyer.
on discovering such a person I would ask them if for a sum they would be happy to go and look at said machine and see if they could ascertain any issue

 

[Tomr10]

If ever I sell I put sold as seen and get buyer to sign. I know a freind who sold a bike once and on invoice said he would buy back if new owner wanted to sell. After a few weeks new owner damaged bike and took freind to court. Court made him buy the bike back minus cost to fix the bike

 

[Cowabunga]

If I was dealer X I would ask my mate Dave W to ask if anyone on TFF lived in the location of his buyer.
on discovering such a person I would ask them if for a sum they would be happy to go and look at said machine and see if they could ascertain any issue

I wouldn't even bother. I'd ask them to send it back for a full refund if not satisfied. End of.

 

[BredRedHfd]

'Sold as seen' has no weight. You have to put 'Sold for spares or repair' on the invoice to get out of any liability. Preferably signed too. First hand info from a court case....

 

[Av Gorritt]

They used to say "As seen, tried , and approved " . Don't even know if that had any eight either .

 

[bobk]

I wouldn't even bother. I'd ask them to send it back for a full refund if not satisfied. End of.

This ^^

 

[TheTallGuy]

Don't think " fit for purpose" would wash on a 10 year old machine,
But under the distance selling a act, the buyer can return the goods for full refund if it's within 14 days, of bill of sale, not when he gets it,
Don't know if this applies in France, but as part on the EU, it could well be,
And it's up to the buyer to pay all postage costs, or in the case haulage

Trading standards don't really want to know as it's business to business transaction, also buyer accepted it by taking it away,
I would suggest if and I mean if, there was warranty, then dealer should offer a full refund on sale price, if it is returned in the 14 days,
If engine is siezed, take in on the chin, but bill any other damage,
If true, and he sold it to a good local customer, he would of taken in back anyway if good, or come to some arangements,


PS this sounds like a scam, and don't I mean don't whatever let a french dealer do the job for your mate, talk about getting your pants pulled down, that will be only the start, after he and the whole workshop has raped you, they will cut off your balls, and then face feck you till your unconscious

Right to cancel under Distance Selling Regulations don't apply if the purchaser is purchasing for a business.