Should the seller or manufacturer handle faulty goods?

QIn December 2016 I bought a Dell Ultrasharp 25in monitor from an Amazon Marketplace seller called Buyur ( www.snipca. com/24014). The monitor suddenly stopped working and Buyur advised me to return it to Dell for repair because this would be quicker than dealing directly with it. But I’ve read in Computeractive that customers contracts are always with the retailer. Should I stick to my guns and request a replacement or refund from Buyur? Or should I go direct to Dell? Diana Gamble

AThe best option has always been to ask the retailer – Buyur in this case – to repair inherently faulty goods, rather than rely on the manufacturer’s warranty. Even more so with the introduction in 2015 of the Consumer Rights Act, which gives retailers only one chance to repair an item.

As we’ve seen in several readers’ cases recently, retailers often refuse to recognise a repair carried out by the manufacturer under warranty. Legally, this means they can still insist on carrying out their own repair should the manufacturer’s fix fail to work.

However, in practical terms, as Buyur has pointed out to Diana, it’s sometimes quicker to cut out the middle man and go straight to the manufacturer. After all, Buyur would simply have sent the monitor to Dell for repair anyway. But you should always tell the retailer of your plans, asking it to acknowledge your actions and agree that if the repair fails it must replace the item or issue a refund – and not try to prolong your pain with another repair.

Since explaining all this to Diana, she told us that Dell has agreed to replace the monitor. She’s in a good position because Buyur has emailed her to acknowledge the problem, advising her to go straight to Dell. On our advice she reminded Buyur that it will still be legally responsible if this new monitor stops working.