Monitor under Warranty

[JonnyT]

I have a friend who booke repair of a £500 monitor under it's 2 year warranty. The screen was blank and wouldn't power on.

The manufacturer arranged for a courier to pick the monitor up and it was packed securely and duly picked up via their appointed courier.

The manufacturer say the LCD panel was cracked when it was opened at there repair centre and want £450 to repair and state its not covered under warranty due to the panel being broken.

What should my friend do under this circumstance?

[Dod101]

Check on the Terms and Conditions of the warranty for a start. It probably says something about returning it at the buyer's risk. Was it insured for the trip to the manufacturer?

Personally I think I would have returned it to the retailer. If it was bought direct though, was it packed in the original oacking?

Dod

[88V8]

The manufacturer arranged for a courier to pick the monitor up and it was packed securely and duly picked up via their appointed courier.

Could try claiming from the courier, but there will be a limit probably quite low unless they bought additional cover and even then not £500. Plus you would need photo evidence that it was not broken already.

If I were to ship such a thing I would want a UN triple-wall box and a lot of packaging and I write as a sometime eBay seller who has shipped some awkward items. Some people have a strange notion of how to pack fragile goods.

And I would pick my courier. DHL, UPS, none of the cheapies.

I suspect your friend is sunk, sorry to say.

V8

[JonnyT]

My friend is willing to pay the £50 fee to take this to the County Court, small claims section. Is there any potential downside to this?

[88V8]

My friend is willing to pay the £50 fee to take this to the County Court, small claims section. Is there any potential downside to this?

To claim against whom?
The manufacturer?
How are they responsible?

Even to claim against the courier would be hard, unless the recipient signed for it as Damaged.

Could try claiming against whoever packed it.

V8

[swill453]

My friend is willing to pay the £50 fee to take this to the County Court, small claims section. Is there any potential downside to this?

To claim against whom?
The manufacturer?
How are they responsible?

Even to claim against the courier would be hard, unless the recipient signed for it as Damaged.

The manufacturer arranged the courier, so if the courier caused the damage then the manufacturer should claim against them.

The problem, as noted before, is proving the monitor was undamaged and correctly packaged.

Scott.

[Clitheroekid]

It seems to me that the owner of the monitor should simply have ignored the warranty and claimed against the retailer in the first place. A monitor should last more than two years, and as it was less than two years old when it failed I would take the view that it was not `of satisfactory quality' within the meaning of the Sale of Goods Act 1979.

It's not too late to take such action, though it's a nuisance that the actual monitor isn't available for inspection, as on the face of it the only evidence is now the word of the owner. However, the mere fact that he'd sent it for repair and made a warranty claim is fairly conclusive evidence of its failure, and for a small sum like this I can't think that the retailer would fight very hard.

Alternatively, if it was bought on a credit card the owner could claim against the CC provider under section 75 Consumer Credit Act 1974.

[JonnyT]

The Manufacturer have now sent a picture showing the monitor screen is cracked on the bottom corner on the RHS. Clearly damaged in transit. How can this be pursued now?

[swill453]

The Manufacturer have now sent a picture showing the monitor screen is cracked on the bottom corner on the RHS. Clearly damaged in transit. How can this be pursued now?

I would ask the manufacturer to make a claim on their courier.

Scott.

[Clitheroekid]

How can this be pursued now?

See above - start a fresh claim against the retailer.