Q&As

A consumer purchases a laptop from a retailer with a twelve-month manufacturer's warranty. When does a retailer have to offer a repair or replacement and must they do so even if the costs are prohibitive?

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Published on LexisPSL on 27/02/2018

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • A consumer purchases a laptop from a retailer with a twelve-month manufacturer's warranty. When does a retailer have to offer a repair or replacement and must they do so even if the costs are prohibitive?

The rights under a manufacturer’s guarantee are separate to and in addition to the rights in the Consumer Rights Act 2015 (CRA 2015). A consumer does not have to avail themselves of the remedies under a manufacturer’s guarantee and if it has expired, they still have their rights against the retailer under CRA 2015. For guidance on this issue, see section Guarantees and extended warranty insurance in Practice Note: Consumer Rights Act 2015—summary—Goods.

Under CRA 2015, s 23, if the customer no longer has the right to reject the goods because the 30-day period has expired, they can ask the trader to repair or replace the goods.

If the consumer asks the trader to repair or replace the goods, the trader must do so within a reasonable time and without significant inconvenience to the consumer and bear any necessary costs in doing so, eg labour, materials and postage.

The consumer cannot require the trader to repair or rep

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