How long is a replacement guaranteed for? - HotUKDeals
We use cookie files to improve site functionality and personalisation. By continuing to use HUKD, you accept our cookie and privacy policy.
Get the HUKD app free at Google Play

Search Error

An error occurred when searching, please try again!

Login / Sign UpSubmit

How long is a replacement guaranteed for?

shieldsy Avatar
8y, 10m agoPosted 8 years, 10 months ago
I got a new DECT phone from BT in Dec 2006 (thanks to HUKD!). In April it developed a fault and was replaced. At the beginning of Dec 2007 the power supply on the replacement died. Because of the Christmas hullaballoo I only got round to reporting it in new year.

They say that it is outside the 12 month warranty so they won't do anything. I told them that the item was a replacement and only 8 months old. Their argument is that they don't offer a "rolling" guarantee.

I thought they might be able to offer a little bit of grace since this was the 2nd faulty item. I'm now wondering if I can demand some sort of refund/replacement because of the items not being "fit for purpose".

Anyone know what the sale of goods act says about this sort of situation?
shieldsy Avatar
8y, 10m agoPosted 8 years, 10 months ago
Options

All Comments

(19) Jump to unreadPost a comment
Comments/page:
#1
I would have thought that each item has a 12 month guarantee - lots of places you go to give you a new receipt so that would prove its age! Trading standards rules is that goods must be of reasonable quality????/
I would phone citizens advice or speak to someone higher up in BT
#2
I believe that the new one would be guaranteed for 12 months from the date of replacement.

Anyone know what the sale of goods act says about this sort of situation
?

I can't be arsed to search but you can Google 'Sale of goods act' and find out.
#3
thesaint;1457006
I believe that the new one would be guaranteed for 12 months from the date of replacement.

?

I can't be arsed to search but you can Google 'Sale of goods act' and find out.


Don't worry, I'm not a completely lazy sod like lots of posters! Googled "Sale of Goods" and got the general principles. But can't find anything that says whether replacement goods are deemed to be covered by the original warranty or by a new warranty. Just wondered if anyone more knowledgeable might know.

There is the "Fit for purpose" clause but not exactly sure how I go about proving that.
#4
A replacement is only covered from the original date of purchase, although the reasonable life of a product may outweigh this as it "should" last more than 12 months!
#5
I've come across this stupid "we don't roll on the guarantee on replacements" before and it stinks.

In any case you're right, as Saint would have told you on a better day, fit for purpose is the way to go if they won't play ball.

I would go back to them first and try to speak to someone in authority and if that don't work go for the other way.
Your local trading standards will help and advise. :)
#6
yup guarantee is only from the point of original purchase. there is no new guarantee on replacements, otherwise every 11 months you could return something complaining and get another with another years cover and repeat etc.
#7
shanecr
otherwise every 11 months you could return something complaining and get another with another years cover and repeat etc.


It wouldn't be a case of simply returning something every 11 months because you would have to show it is not working. :)
#8
shanecr
yup guarantee is only from the point of original purchase. there is no new guarantee on replacements, otherwise every 11 months you could return something complaining and get another with another years cover and repeat etc.


Well to be honest I don't see why you shouldn't be entitled to that extra anyway. You buy the product not the guarantee.
Actually this is one of the genuine times the "fit for purpose" law should kick in.

Hope you got all your receipts etc shieldsy ?
#9
Yeh, got the proof of purchases etc. Thanks for the advice everyone.

Just been and done a bit more research. My understanding of the things I've just read is that manufacturers goods are guaranteed from the moment of SUPPLY and not payment. (Makes sense otherwise if you pre-paid for goods that took a while to be supplied, you'd be losing out on warranty). So the replacement phone should be guaranteed from the time they supplied it, not from I paid for it 4 months earlier.

That's the line I'm going to take in my stroppy letter anyway! I'll also mention that the goods cannot have been fit for purpose anyway. Better to hit them with a double whammy!
1 Like #10
Too true ! There's just too much of this nonsense.

Good luck and let us know how you get on, it may help others in the same situation. :)
2 Likes #11
The supplier is correct in stating that they don't roll over the 12 months' guarantee. Guarantees are bonus extras on top of your statutory rights. Therefore the terms and conditions written for the guarantee only apply to the guarantee and has zero effect on your statutory rights as a consumer. Many years ago it was wide spread practice that suppliers had used the extra guarantees to fob off customers which was exactly what happened in your case. In order to prevent this from happening further law was introduced to make the suppliers to add in an extra term in their guarantees which you should all be familiar with : "this guarantee does not affect your statutory rights." This is the law forcing the traders to remind the customers that they still have rights for bad products and services even when the warranty runs out.

What this means then is that if the 12 months guaranteed had expired you can still seek redress under the Sale of Goods Acts, Trade Description Act 1968 and subsequent legislation as well as Consumer Protection Act , Unfair Contract Terms Act etc. etc.. For example, if a Miele appliance breaks after the 12 months' guarantee then you can still get redress because no one really expects a Miele machine to break down on its 14th month, for example. In the case of an electrical appliance the normal expectation of operation is at least 12 months, therefore if it failed then it is possible that the goods are not of merchantable quality and you should be able to argue for a refund or further repair or replacement. Infact under the Sale of Goods Act, as indeed common with all consumer protection legislation and other laws, there is a statute of limitation of 6 years which means that you are able to take action up to 6 years (so long as you can justify that a product should last 6 years or more). I would say that a DECT telephone, good brand and well priced should last 2 to 3 years for merchantable quality. But a dubious brand DECT phone of £2.99 in the street market should be expected to last no more than 12 months or even a few months if it did not come with an extra guarantee!
#12
Splender that is an excellent post and sums it up nicely! Its a great summary so rep on its way to you although i'd alter the last sentence to "But a dubious brand DECT phone of £2.99 in the street market should be expected to last [COLOR=Blue] no [/COLOR]more than12 months or even a few months if it did not come with an extra guarantee!"
#13
[FONT=Arial]Yeh, thanks Splender. Used your material in my letter ...[/FONT][INDENT][FONT=Arial][SIZE=1][FONT=Tahoma]"In December 2006 I made the above purchase from your online store.[/FONT][/SIZE][/FONT][FONT=Arial][SIZE=1][FONT=Tahoma]In April 2007, the item was replaced under warranty after developing a fault with the keypad.[/FONT][/SIZE][/FONT]
[FONT=Arial][SIZE=1][FONT=Tahoma]In December 2007 the power supply of the replacement unit failed. Unfortunately, the hectic nature of a domestic Christmas meant it was New Year before I managed to report the fault.[/FONT][/SIZE][/FONT]
[FONT=Arial][SIZE=1][FONT=Tahoma]I have been told by your customer services team that a refund or replacement is not possible because the date I reported the fault is over 12 months since the date of purchase. However,
[/FONT][/SIZE][/FONT]
[LIST]
[*][FONT=Arial][SIZE=1][FONT=Tahoma]Your goods come with a 12 month warranty and under consumer law a warranty extends from the time of supply not from the time of sale. The item that developed the fault was supplied at the end of April. It is just over 7 months from supply that the item failed (despite the fact that it was paid for 4 months previously). Therefore I would suggest I am entitled to all the terms of the warranty.[/FONT][/SIZE][/FONT]
[*][FONT=Arial][SIZE=1][FONT=Tahoma]The terms of your warranty should state, “this guarantee does not affect your statutory rights”. My statutory rights under The Sale of Goods Act 1979 (amended) are that all goods should be fit for purpose. A domestic telephone should not fail within 7 months of supply. This is the 2nd unit that has now developed a fault. I would suggest that these goods have proved to be unfit for purpose and I am therefore able to recourse to the statutory rights given to me under the Act.[/FONT][/SIZE][/FONT][/LIST][FONT=Arial][SIZE=1][FONT=Tahoma]I am happy for the phones to be replaced, repaired or for a refund to be offered.
[/FONT][/SIZE][/FONT]

[FONT=Arial][SIZE=1][FONT=Tahoma]I look forward to your [FONT=Tahoma]reply within 14 days[/FONT] and hope this matter can be sorted out quickly,"[/FONT][/SIZE][/FONT]
[/INDENT][FONT=Arial][FONT=Tahoma]Let's see what results I get.
[/FONT][/FONT]
#14
Nice letter, I reckon it should work. Keep us posted!
#15
Damn dude thats one hell of a well written letter, excellently worded, concise and to the point without being long winded too. You have summed up the situation nicely to them, stated what you would like from them and made it all abundantly clear. Mind if I copy to use as a template?
#16
Great letter to them, but one note of caution is that if a refund is offered then they are within their legal rights to offer a proportion of the cost of the item according to how long you've had it out of the 12 month guarantee. Hopefully they will be decent about it and offer you the full amount or replace/repair it, but just wanted to warn you that it's a possibility.

Good luck, mate!
#17
shieldsy
[FONT=Arial]Yeh, thanks Splender. Used your material in my letter ...[/FONT][INDENT][FONT=Arial][SIZE=1][FONT=Tahoma]"In December 2006 I made the above purchase from your online store.[/FONT][/SIZE][/FONT][FONT=Arial][SIZE=1][FONT=Tahoma]In April 2007, the item was replaced under warranty after developing a fault with the keypad.[/FONT][/SIZE][/FONT]
[FONT=Arial][SIZE=1][FONT=Tahoma]In December 2007 the power supply of the replacement unit failed. Unfortunately, the hectic nature of a domestic Christmas meant it was New Year before I managed to report the fault.[/FONT][/SIZE][/FONT]
[FONT=Arial][SIZE=1][FONT=Tahoma]I have been told by your customer services team that a refund or replacement is not possible because the date I reported the fault is over 12 months since the date of purchase. However,
[/FONT][/SIZE][/FONT]
[LIST]
[*][FONT=Arial][SIZE=1][FONT=Tahoma]Your goods come with a 12 month warranty and under consumer law a warranty extends from the time of supply not from the time of sale. The item that developed the fault was supplied at the end of April. It is just over 7 months from supply that the item failed (despite the fact that it was paid for 4 months previously). Therefore I would suggest I am entitled to all the terms of the warranty.[/FONT][/SIZE][/FONT]
[*][FONT=Arial][SIZE=1][FONT=Tahoma]The terms of your warranty should state, “this guarantee does not affect your statutory rights”. My statutory rights under The Sale of Goods Act 1979 (amended) are that all goods should be fit for purpose. A domestic telephone should not fail within 7 months of supply. This is the 2nd unit that has now developed a fault. I would suggest that these goods have proved to be unfit for purpose and I am therefore able to recourse to the statutory rights given to me under the Act.[/FONT][/SIZE][/FONT][/LIST][FONT=Arial][SIZE=1][FONT=Tahoma]I am happy for the phones to be replaced, repaired or for a refund to be offered.
[/FONT][/SIZE][/FONT]

[FONT=Arial][SIZE=1][FONT=Tahoma]I look forward to your [FONT=Tahoma]reply within 14 days[/FONT] and hope this matter can be sorted out quickly,"[/FONT][/SIZE][/FONT]
[/INDENT][FONT=Arial][FONT=Tahoma]Let's see what results I get.
[/FONT][/FONT]


Very good letter, but note:-

1) 12 warranty is an optional extra offered by a company and it could be 12 months from date of sale or date of receipt of goods or date of supply or of original supply . You have to read the small print to find out which.

2) You may want to make it clearer that if the supplier was not prepared to honour the guarantee due to some unclear wording in relation to your specific circumstance that you will exercise your rights under the Sales of Goods Act. At this stage it is probably not worth your words to get tough. If they insist the guarantee 12 mths had elapsed then in action they are restricting your statutory rights and this is serious as no one is above the law and the court will take a very dim view as they are the law makers and enforcer (not some bully supplier/manager)!

3) Under law of contracts since you had accepted a replacement therefore you are not usually entitled to a full refund. The supplier is expected to make amends and this is usually to replace or to repair again. If the supplier could not repair or replace then the best is to get a refund though this may be a partial refund depending on age. Besides the time in which to reject the goods outright has probably elapsed in your case. Usually at the early days of the goods you can accept a replacement or reject the goods and obtain a full refund.

Finally I would as a closing remark state clearly which option is your preference: replacement or repair. Then it is an easier decision for them to make as the decision becomes a no brainer then. But you may want to make it clearer still if it failed the third time you would seek a full refund as the goods are then clearly not merchantable quality. Although the law says that you had accepted the goods and usually there is no full refund but under the situation of persistent failure you do have redress still in compensation.
#18
OK, 4 weeks have elapsed and no word from BT. Consumer experts out there ... what do I do now?
#19
shieldsy
OK, 4 weeks have elapsed and no word from BT. Consumer experts out there ... what do I do now?


No expert by far but I'll try and help.

Did you keep a note of the address you sent it to ?

Did you send it recorded delivery?

Post a Comment

You don't need an account to leave a comment. Just enter your email address. We'll keep it private.

...OR log in with your social account

...OR comment using your social account

Thanks for your comment! Keep it up!
We just need to have a quick look and it will be live soon.
The community is happy to hear your opinion! Keep contributing!