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Christmas Prize Draw 2017

Sale of Goods Act - Buying camera equipment and other goods


Chris_L Plus
3 4.2k United Kingdom
17 Jun 2017 8:33AM
I believe, and have always believed, that your contract is with the retailer. They should be your first point of contact if something goes wrong with the equipment you've purchased. Even if it's through an auto update, the law hasn't changed.

Another member is stating here that "your contract is with the manufacturer"

Is he right?

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franken Plus
15 4.5k 4 United Kingdom
17 Jun 2017 8:45AM
I'm no expert on these things but I have assumed it's the retailer as thats who you paid for the item in question.

Perhaps this may clear it up?

http://www.consumerrightsexpert.co.uk/shop-manufacturer-responsible-for-faulty-goods.html
arhb Plus
10 3.3k 68 United Kingdom
17 Jun 2017 8:55AM
I have generally found it to be with the retailer, in that a refund is given when goods are faulty etc.
However, when I was involved in a small gas explsion 30yrs ago, it was the manufacturer who was ultimately responsible.
steveh5 6 90 United Kingdom
17 Jun 2017 9:10AM
I beleive that the contract iw with the retailer, but in the case mentioned the fault was with the firmware update. This makes it between the manufacturer who released the update and the costomer, not the retailer who only sold the camera.
Chris_L Plus
3 4.2k United Kingdom
17 Jun 2017 9:44AM
Steve, Regardless of manufacturing faults or manufacturer's liability for a fault your contract, under Sale of Goods Act, is with the retailer.
Dave_Canon 11 1.3k United Kingdom
17 Jun 2017 10:24AM
Based on my limited experience with consumer law this situation as I understand it is slightly more complicated than new camera not working. If I bought a new Camera from a retailer and it was dead after a few days/weeks, I could rightly go back to the retailer using the Sale of Goods Act and demand a replacement or refund. However, in this case I understand that the Camera failed only after a firmware update. I have always been wary of firmware updates because of the risk of a good camera being rendered inoperable. I always check to see if the update adds anything of value to me and, if not, I do not update. I suspect that the legal situation is that when you update, the T&C's of the manufacture update apply. It cannot be the retailers fault that between the customer and manufacturer a perfectly good camera has been rendered inoperable. I suspect that the T&C's of the manufacture (if you can readily find them) when you update are unlikely to say that they will take responsibility for any issues that result from the update but then is any of this legally enforceable. If you are not paying for the update then under English Law (not Scottish) then no contract is made. Either way I suspect that you are at the mercy of the manufacturer who will presumably wish to try to help resolve such issues to maintain a reputation.
Dave
Dave_Canon 11 1.3k United Kingdom
17 Jun 2017 11:10AM
I have just looked at the Olympus website and found a copy of their T&C's for firmware upgrades and it includes: -

"4. User acknowledges and understands that the software is provided to User on an ''as-is'' basis without warranty of any kind, either expressed or implied, including, but not limited to:
(1) Warranties for merchantability and/or fitness for a User's particular purpose.
(2) Warranty for no bug, error, failure or defects in the software; or
(3) Warranties for non-infringement of rights or interests of any third party, including, but not limited to, intellectual property right.

5. In no event shall Olympus be liable nor responsible for any damages suffered or incurred by User or any other third party (including, but not limited to, general, special, direct, indirect, consequential or incidental loss or damages including damages for loss of business profits, business interruption, loss of business information and the like), arising out of or in connection with the use of the software."

You have to click that you agree to this during the update process. Of course this does not mean that Olympus would not help resolve problems arising from a firmware update out of goodwill.

Dave
17 Jun 2017 11:13AM
If you have a couple of months to spare, it's worth reading through the T&Cs of the purchase and guarantee agreements.

Be aware that the Unfair Terms in Contracts legislation will apply to a consumer purchase so if a Court rules just one word in the contract to be "unfair" the whole agreement could be set aside. The judge would then decide what is fair and reasonable. Business purchasers don't have this protection.

The sales contract is with the retailer but the warranty agreement may well be with the manufacturer and different conditions can apply.
Fma7 2 791 United Kingdom
17 Jun 2017 11:28AM
Curious as to why the OP hasn't used sneering or snidey comments against anyone taking the contrary view on this thread as opposed to the original?
17 Jun 2017 12:57PM

Quote:Curious as to why the OP hasn't used sneering or snidey comments against anyone taking the contrary view on this thread as opposed to the original?


I'd agree it is most unusual. I just assumed that he must be on holiday and off-grid.
Carabosse 14 41.0k 269 England
17 Jun 2017 1:02PM

Quote:Curious as to why the OP hasn't used sneering or snidey comments against anyone taking the contrary view on this thread as opposed to the original?


Just for info. You will probably not know - being a fairly recent member - that the OP has had a history of issues which has led in the past to him being banned from EPZ. He returned, apparently contrite, about (I think) 3 years ago but is, seemingly, reverting to his old ways!

We don't know what his problems are, but we can only hope he can overcome them. Smile

In all fairness there are others, currently on here, who have had similar behaviour patterns. One of the advantages (or is it a disadvantage?Wink) of having been on EPZ for many years is some of us can see patterns repeating themselves!

17 Jun 2017 4:08PM
Getting back to the original point of the thread, I'll add something that might help readers.

Try to pay for goods with a credit-card if you can because then the card issuer is jointly liable with the retailer, provided the product is worth between GBP100 and GBP3k. This means that you can seek redress from the card-issuer who will probably want to pressure the retailer and possibly make a charge-back.

Paypal is also very good at sorting problems. When I had a problem with a Fleabay purchase, Paypal sorted an immediate and full refund.
Chris_L Plus
3 4.2k United Kingdom
17 Jun 2017 5:11PM

Quote:Curious as to why the OP hasn't used sneering or snidey comments against anyone taking the contrary view on this thread as opposed to the original?
Be curious no more!


Quote:I'd agree it is most unusual. I just assumed that he must be on holiday and off-grid.
the William (2) nailed it!

Quote:
We don't know what his problems are, but we can only hope he can overcome them

There's always hope Blush

Two people I've recently argued with and one troll. You three should form a gang Wink
steveh5 6 90 United Kingdom
17 Jun 2017 5:52PM

I thought your contract under the sale of goods act would not cover changes made after the sale, In this case a firmware upgrade.
I may be wrong but how can anybody be held responsible for changes made after the product is beyond their control.
In this case the fault is with the firmware upgrade which is between meyeview and Olympus.
I'm a little surprised that Olympus can completely ditch their responsibility as they made update and it should be fit for purpose.
It would be interesting to see if a judge would rule with Olympus of the customer.
Fma7 2 791 United Kingdom
17 Jun 2017 6:14PM

Quote:Two people I've recently argued with and one troll. You three should form a gang


Didn't answer the question and got snidey again, speaks volumes.

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