Broken chair—AIBU to take them to court

[biddybird]

In 2007 I bought a very expensive recliner chair that came with a 15 year manufacturer's warranty (expiring in 2022). This year, two the springs supporting the underside snapped. I contacted the company who told me they don't make those kind of springs any more and I should look on eBay to try to find some second-hand ones and get a local repairman to fix it. (!)

AIBU to expect that the manufacturer is responsible for doing this and not me?

The warranty states that "all frame parts and springs have a limited warranty against defects in material and workmanship for 15 years from date of delivery" and that "reasonable repair or replacement of defective limited warranty parts will be made within 90 days at no cost to you".

I'm sure what my consumer rights are here. Is it worth taking them to small claims court? (I'm in England.)

@KarlKennedysDurianFruit
Are they not about £1/2k? 13 years is reasonable value.

Bloody hell at people telling you to shut up because you've had it for 13 years. The guarantee is for 15 years ffs. They are trying to fob you off. I wouldn't threaten to take them to court at this point in case they call your bluff but you can refuse to go away - point out that, if they don't have the parts available to repair a chair that is still within its guarantee period, that is very much their problem, not yours. If you don't get anywhere you could contact them publicly on social media (with screenshots of any fobbing-off messages if possible) and/or insist on speaking to someone who can help you.

I agree with @orangenasturtium that the 15 yr warranty is useless unless it covers normal wear and tear

That's not quite what I meant. I meant that there is no point having a guarantee for defects that lasts 15 years if the expected lifespan of the item is only 5 years. Therefore it is implicit that the manufacturer expects the item to have a lifespan of 15 years or more with normal use.

Either:

1. The product has a defect that has caused the springs to snap. This is covered by the warranty but you may have to prove it and it would be expensive.

1. The springs were not of a quality that would last the expected 15 years lifespan. You might have a legal case but, again, it would be difficult to prove. It would not be covered by the warranty though, you would have to argue using the Consumer Rights Act 2015.

1. You have used the chairs in a way that the manufacturer would not consider to be normal wear and tear. You don't have a case.

@fandemic it’s not a guarantee though. It’s warranty triggered by defect.

I can't get past the paperwork you have the paperwork for a chair you bought 13 years ago.

Send them a letter making it clear that you will take to court if they don't repair it. A 15 year guarantee is a 15 year guarantee.

Let THEM demonstrate it isn't a defect.

@BadDucks

God who the hell goes to small claims court over a 13 year old chair?

The one who paid for a 15yr guarantee?

It’s warranty triggered by defect. In that case, isn't the onus on the company to prove the springs weren't defective? It was the company that volunteered the warranty, after all. It could be argued that the springs must have been faulty if they didn't last the expected 15 years (subject to normal use, obvs)?

Yanbu

@GlassInEachHand unfortunately no, the onus is on the OP as the person taking her claim forward to evidence it.

First six months after delivery is on the company, thereafter the consumer.

It’s also very likely time-barred.

An important question is where is it from? That will dictate if it has any value to it and if you should treat yourself to a new chair or get an upholsterer to fix and reupholster. Do they still stock an “equivalent” chair? I think it’s more likely you may be able to argue for one of those than a fix, but in all likelihood if the chair is 13years old they will view you as chancing your luck...
As an upholsterer most modern chairs/high street brand chairs (depending on use) seem to have a lifespan of 4-10 years before fabric/ springs etc go astray

So, offering a 15-year warranty is all very well but if it proves impossible to actually claim on it when things go wrong within that period, then it just looks like nothng more than an inducement to buy! I think the company should put its money where its mouth is in this instance. It must have sold plenty more chairs off the back of that promise...

YANBU. If I bought something with a 15 year warranty, I'd expect it to last 15 years or at least be fixed if it broke within those 15 years. It should not matter you have had it for 13 years - 13 years is NOT 15 years!

I'd tweet the company online about this and share with everybody what is happening. Hopefully that will get them to re-think their decision! Good luck! :)

If it is like the one we bought for my dad when he was ill, they are not cheap chairs, the range my dad's came from started at £1500 & like this lady's has a 15 year warranty on it.

I would say 13 years of constant use for a chair, particularly if it is a favourite and used a lot of the time, is good.
As others have said you might as well put the money towards a new chair rather than possibly waste it in the small claims court...

Yes they are responsible, it doesn't matter you've had the chair for 13 years. If they gave out a 15 year warranty they need to have the spare parts to fix any issues.

It just depends if you want to put the effort/cost in to pursue it.

My dad used to love this, like a hobby, he once managed to get a letter from a senior person in AEG apologising for not having spare parts for a 24 year old washing machine and they provided him with a new one!!! This was before the times of facebook and social media.

I had this with a very expensive, designer furniture manufacturer. I tweeted to them, I tweeted about about them - no response. In the end, I found all the senior and executive managers on LikedIn, I messaged them, explaining my plight / complaint and it got sorted. The process took 2 years!

If they are guaranteeing parts for 15 years they need to make replacement parts available for that length of time. So no, they are not off the hook. As I understand, they have not tried the ‘wear and tear’ argument, so you don’t need to go there. Just insist politely that they honour the warranty, which is contractual.

@biddybird I work for a furniture company. You would be expected to provide a report from an independent technician (we recommend Homeserve but plenty of firms can provide them) confirming that it is a manufacturing fault for some reason - they would then be able to provide either a reasonable replacement or repair. If the company won’t budge, be prepared to take them to the Furniture Ombudsman

Don't take this anywhere near a court. The warranty is specific and is for a defect. That is your only potential for a cause of action. You will need an expert's to provide an expert opinion that, on the balance of probability, there is a defect and you will have to pay £££ for this. You would then issue proceedings in the small claims court and if you do this any entitlement to costs is very limited even if you win. I am a Solicitor and would not dream of taking this to court.

Well..legally it should last for a reasonable length of time and be of reasonable quality. If it is expected to last as long as you say then you should take them to court.

I dont think 13 years is that long for an expensive sturdy piece of furniture. The guarantee is for 15 years, so id try and push them further

God who the hell goes to small claims court over a 13 year old chair?

Someone who bought an expensive chair with a 15 year warranty?

It’s quite common for retailers to have 15 year guarantee in large print and then “on the frame” in the smaller print. I would check the small print extremely carefully before shelling out any money to make a claim.

As PP said, after 6 months, the onus is on you to prove a fault. You could ask a company such as Homeserve or Ecomaster to evaluate the item, but I would ask yourself if the cost of that is worthwhile.

Would you consider asking the company to give you a discount on a new item instead?

I'm curious, how much did one spend in 2007 for a chair expected to last 15 years?