Repairs - where do I stand

[welby]

Ok,

I had one of my pair of powered speakers developed a fault, and under the waranty they asked me to send it back for examination, which I duly did at my own cost.

They emailed me to say that they have sent the speaker away for repair at the manufacturers repair centre. I was not offered a replacement, refund. So in effect they have opted to repair it without my authority.

They have now had this for 42 days!!

I have telephoned them today and asked to speak to the Managing Director. He wasn't availabale to speak to me but said he would phone me back when he was out of his meeeting.

More to the point, where do I stand legally?

[CRAZY K]

Ok,

I had one of my pair of powered speakers developed a fault, and under the waranty they asked me to send it back for examination, which I duly did at my own cost.

They emailed me to say that they have sent the speaker away for repair at the manufacturers repair centre. I was not offered a replacement, refund. So in effect they have opted to repair it without my authority.

They have now had this for 42 days!!

I have telephoned them today and asked to speak to the Managing Director. He wasn't availabale to speak to me but said he would phone me back when he was out of his meeeting.

More to the point, where do I stand legally?

Get on to Northants Trading Standards they are VERY HELPFUL, HELPED ME OVER MY DEFECTIVE MICROWAVE--NO TROUBLE.

I think you can insisist on a replacement---check it out.

Its all Sale of Goods Act Legal requirements.

[Gareth]

Did you read the documentation or small print from the docket where it will probably say that they will try and repair before they replace. They probably will not offer a refund at all.

Without seeing the documents it would be hard to say where you stand legally.

[Gareth]

I think you can insisist on a replacement---check it out.

Its all Sale of Goods Act Legal requirements.

Unfortunatly not ture. The warrenty for the product is going to be with the manufacture and not the retailer in question. Unless the retailer provides its own warrenty, I highly doubt that the manufacture would provide an instant replacement gaurntee.

[CRAZY K]

Unfortunatly not ture. The warrenty for the product is going to be with the manufacture and not the retailer in question. Unless the retailer provides its own warrenty, I highly doubt that the manufacture would provide an instant replacement gaurntee.

Its the RETAILER who is responsible under the Sale of Goods Act or whatever its called--speak to TRADING STANDARDS.

Theres also the small matter of EU regs.

There is an implied 2 year warranty given by the RETAILER.

Not many people know that.;)

[Solitaire Events Ltd]

The warrenty for the product is going to be with the manufacture and not the retailer in question.

Sorry, but that is completely wrong. Read what Crazy K has said.

[Gareth]

Your first port of call is indeed with the retailer. However it's a common misconception that they are liable for a year. That's only because many manufacturers warranties are for 12 months.

The retailer under the SOGA is liable in the first 6 months to have to prove that any fault is the fault of the item owner, after 6 months and up to 6 years it's up to you to prove the item is faulty. That doesn't mean all items must last 6 years, of course.

[deltic]

Your first port of call is indeed with the retailer. However it's a common misconception that they are liable for a year. That's only because many manufacturers warranties are for 12 months.

The retailer under the SOGA is liable in the first 6 months to have to prove that any fault is the fault of the item owner, after 6 months and up to 6 years it's up to you to prove the item is faulty. That doesn't mean all items must last 6 years, of course.

no time frame is laid down,it says reasonable amount of time,and i agree with above the contract is between you and the retailer not the manufacturer.

[welby]

Thanks for all your advice - I guess I will be ringing the trading standards office tommorow.

I think I have been having a run of bad luck - got stung on ebay twice, once for a reputable disco shop going bust and one a:Censored:e, who deemed it fit to take my money and do a bunk!

I'm really in the mood for a fight on this one :bang:

[Alex]

Having ran my own mail order company for years and years, I feel I am very qualified to put in my 2 pence....

Warrranties are offered by the manufacturer, unless otherwise stated. Which means the retailer will need to send it off for analysis, so they can confirm it's faulty.

IN a nutshell... The retailer has an obligation to offer a repair or replacement, whichever is the most econimical...... This is a statutory right.

Please read this below .... it should answer your questions! :)
(Quoted from a respectable website - Not wikipedia!!!! )

If it’s less than six months since the purchase, take it back or make the seller aware of the problem. The seller should offer a refund or a replacement unless they can prove that there wasn’t a defect at the time you bought it. It also depends on the reason why you want a refund. If you go back to a shop and say that you’ve changed your mind about something you bought from them and that you no longer want it, the shop doesn’t have to do anything.
Often shops will have something like “refund offered within 30 days of your purchase.” If you go back to the shop after their 30 day policy had expired, you wouldn’t automatically be entitled to a refund. Shops and businesses normally want satisfied customers, but they also want to maintain their profits.

European Law also offers some remedies for defective goods. If consumers enter into contracts for the sale or supply of goods and discover a defect within six months, the assumption is that the fault was there at the time of purchase unless the trader proves otherwise.

If more than six months have passed, the consumer has to prove the defect was there when they bought it. The remedies offered under these circumstances are a repair or replacement, a reduction in price which takes the defect into account, or the return of the goods in exchange for a part or full refund (and compensation if applicable.)

A repair or a replacement has to be effected with minimum inconvenience to the consumer, so the trader should pay all associated costs such as post, labour etc. Also, a repair or replacement has to be proportionate. For example, if a repair is going to cost more than a replacement, the trader is doing nothing wrong by offering a replacement. You can only ask for a refund or part refund where the cost of repair or replacement is disproportionate or where repair/replacement is not provided within a reasonable time.

Whether or not you are entitled to a refund depends on numerous factors. However, if you are dissatisfied there is nothing to be lost by making your feelings known. Be firm in your insistence that you are unhappy, and give reasons. Remember that you’re not automatically entitled to a refund because you have changed your mind about a purchase

[DazzyD]

Unfortunatly not ture. The warrenty for the product is going to be with the manufacture and not the retailer in question. Unless the retailer provides its own warrenty, I highly doubt that the manufacture would provide an instant replacement gaurntee.

As a contract of sale, your first port of call is always with the retailer. The contract of sale is always between the seller and the buyer - the manufacturer doesn't come in to it.


Sorry, but that is completely wrong. Read what Crazy K has said.

:agree:


Your first port of call is indeed with the retailer. However it's a common misconception that they are liable for a year. That's only because many manufacturers warranties are for 12 months.

The retailer under the SOGA is liable in the first 6 months to have to prove that any fault is the fault of the item owner, after 6 months and up to 6 years it's up to you to prove the item is faulty. That doesn't mean all items must last 6 years, of course.

This depends on the part of the UK you are from because Scotland have different time frames. The SOGA actually doesn't lay down any time frames as such but uses the vague, and open to interpretation, phrase "reasonable time". But it also states that goods must be "fit for purpose" so you could argue that if you bought an item for £500 and it went wrong within say 6 months, that item is not "fit for purpose" as it could be deemed "reasonable" to expect the item to last longer than that.

Alex's post above raises some valid points but I'm not sure about the "The seller should offer a refund or a replacement unless they can prove that there wasn’t a defect at the time you bought it." bit. Goods can go wrong after they have been purchased but I think that Alex is referring to the term of "inherently faulty" but I'm going to step back a little to look up on this one as there is something in my mind that is niggling me here! I'll post again soon.

[CRAZY K]

As a contract of sale, your first port of call is always with the retailer. The contract of sale is always between the seller and the buyer - the manufacturer doesn't come in to it.



:agree:



This depends on the part of the UK you are from because Scotland have different time frames. The SOGA actually doesn't lay down any time frames as such but uses the vague, and open to interpretation, phrase "reasonable time". But it also states that goods must be "fit for purpose" so you could argue that if you bought an item for £500 and it went wrong within say 6 months, that item is not "fit for purpose" as it could be deemed "reasonable" to expect the item to last longer than that.

Alex's post above raises some valid points but I'm not sure about the "The seller should offer a refund or a replacement unless they can prove that there wasn’t a defect at the time you bought it." bit. Goods can go wrong after they have been purchased but I think that Alex is referring to the term of "inherently faulty" but I'm going to step back a little to look up on this one as there is something in my mind that is niggling me here! I'll post again soon.

To repeat Manufacturers Warranties have NOTHING TO DO with your rights against the RETAILER.

I just got my 3 yr old Microwave I bought from a RETAIL Kitchen Company fixed directly by the Manufacturer--if they had not sorted it Trading Standards were on hand to hit the RETAILER big time:eek:

They said 6 years was the time scale for Electrical Goods.

In the OPs case I think he is entitled to a straight replacement--its obviously not fit for intended purpose:bang: