Warranty on brand new replacement items

Milton09

Hi Folks,

I bought an (electrical) item in Feb 2013. It came with 12 mths warranty but broke after 10 months. The supplier replaced with a brand new item in Jan 2014. The replacement item is now also giving trouble, I'm wondering should the replacement carry a 12 month warranty also or is it only covered by the warranty that came with the origonal purchase, which has now run out.

dudara

The warranty doesn't really matter if the item is truly faulty. If this is the case, then your statutory rights come into play. Under consumer law, you are entitled to a replacement, repair or refund. You've already had a replacement.

slimjimmc

Milton09 wrote: »

Hi Folks,

I bought an (electrical) item in Feb 2013. It came with 12 mths warranty but broke after 10 months. The supplier replaced with a brand new item in Jan 2014. The replacement item is now also giving trouble, I'm wondering should the replacement carry a 12 month warranty also or is it only covered by the warranty that came with the origonal purchase, which has now run out.

As Dudara rightfully said, if you bought the TV as a consumer (ie. not for a business) you have statutory rights which are not affected by the warranty period. These rights are binding on the seller and it's the seller who is obligated to resolve the issues. However if the seller goes belly up then effectively so do your rights. In such cases your warranty may be all you have left.

But the answer to your question is: it depends. Some manufacturers give a full new warranty on the replacement item, some don't. There is no legal requirement for a manufacturer to give any warranty whatsoever but once they do they must honour it as per its terms and conditions.

Milton09

slimjimmc wrote: »

Some manufacturers give a full new warranty on the replacement item, some don't..

Thanks - this is what I was wondering, I spoke to the supplier yesterday and they say no new warranty with the replacement - so thats that I guess!

mathepac

Milton09 wrote: »

Thanks - this is what I was wondering, I spoke to the supplier yesterday and they say no new warranty with the replacement - so thats that I guess!

I don't agree. Your statutory rights state the item must be

• as described
• fit for purpose
• of merhantable quality

The original product and the replacement failed some (all?) of these criteria. You are still entitled to either a repair (if a repair is possible) or a refund and may chose to refuse another replacement. The manufacturer's or other warranty has no effect on your consumer rights in law.

Ken.

Tell the supplier you'll see if the small claims court agrees with their stance on warranties. Watch them change their tune fairly quickly.

Bepolite

mathepac wrote: »

I don't agree. Your statutory rights state the item must be

• as described
• fit for purpose
• of merhantable quality

The original product and the replacement failed some (all?) of these criteria. You are still entitled to either a repair (if a repair is possible) or a refund and may chose to refuse another replacement. The manufacturer's or other warranty has no effect on your consumer rights in law.

They can not override your consumer rights but they can and do effect your rights and this is provided for in the Sale of Goods Acts. For example the seller can insist that Apple deal with the first two years, that doesn't excuse the seller from the remaining 4 years of the limitation period. Of course that does not mean there is a six year warranty period, simply a limitation on a claim.

Milton09

mathepac wrote: »

and may chose to refuse another replacement. .

I wasn't aware of this, I thought you had to accept a replacement OR refund, which ever is offered. I now have an email reply from the supplier that the fault I'm pointing out "can sometimes be an issue" and the solution is to press the reboot button, they have however, as a goodwill gesture, offered to take it back and check it over ..... so we'll see how it plays out from here ....

whiterebel

Bepolite wrote: »

They can not override your consumer rights but they can and do effect your rights and this is provided for in the Sale of Goods Acts. For example the seller can insist that Apple deal with the first two years, that doesn't excuse the seller from the remaining 4 years of the limitation period. Of course that does not mean there is a six year warranty period, simply a limitation on a claim.

They can?

Bepolite

whiterebel wrote: »

They can?

Yes, it doesn't absolve them of liability and doesn't mean they can avoid any of the issues such as causing inconvenience but they can assign warranty services. I only leaned that myself recently after giving out about apple for many years!

foggy_lad

Bepolite wrote: »

They can not override your consumer rights but they can and do effect your rights and this is provided for in the Sale of Goods Acts. For example the seller can insist that Apple deal with the first two years, that doesn't excuse the seller from the remaining 4 years of the limitation period. Of course that does not mean there is a six year warranty period, simply a limitation on a claim.

This is not correct!

The retailer can pass any faulty product on to apple or any manufacturer to be dealt with under the warranty but they must deal with the customer directly and are not allowed to direct the customer to anyone else for redress under their statutory rights.

Bepolite

foggy_lad wrote: »

This is not correct!

The retailer can pass any faulty product on to apple or any manufacturer to be dealt with under the warranty but they must deal with the customer directly and are not allowed to direct the customer to anyone else for redress under their statutory rights.

Nope, so long as the customer is made aware at time of purchase (can be done through T&Cs) the retailer can assign a third party. You know my opinions don't usually favour the retailer Foggy and I don't go back on a position lightly.

There is nothing to prevent a retailer/customer/manufacturer entering into this agreement so long as it does not breach any of the consumers rights, such as having to pay for carriage, take an inordinate amount of time to repair etc. It also does not allow them to hide behind a period given by the manufacturer.

Milton09

Latest update , having returned the replacement item the supplier has confirmed that the manufacturer says it is also faulty. The supplier has offered me another replacement or store credit which is fair enough.

I'm wondering though, as I dont want to chance another replacement and store credit is of little use to me in this case can I ask/insist that I get a refund instead ?

dudara

Store credit is not acceptable if the item is faulty - it must be a refund (although you can of course accept store credit if that suits you)

slimjimmc

As dudara said, you can choose to accept store credit if you wish but you don't have to. You can insist on a monetary refund instead.

Milton09

slimjimmc wrote: »

As dudara said, you can choose to accept store credit if you wish but you don't have to. You can insist on a monetary refund instead.

Can you insist on refund if the item is faulty (manufacturers fault) but out of warranty?

slimjimmc

Milton09 wrote: »

Can you insist on refund if the item is faulty (manufacturers fault) but out of warranty?

Warranties do not affect your entitlement to a refund so yes you can get a refund.

Consider a warranty as an optional bonus given by the manufacturer or retailer. In fact there is no obligation on a manufacturer or retailer to provide any sort of warranty at all but if one is given then there is a legal obligation to honour it.

Your statutory consumer rights are not limited by a warranty, and in many cases far outweigh anything in a warranty.