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    using the term "new"

    Hotukdeals!

    Hello!

    I'm having a disagreement with a colleague. An item is being sold to a customer. It is a PC, which has been sitting around for 11 months boxed with 4 years warranty (3 years warranty roughly left now) - unopened.

    My view is is that this machine cannot be classed as "new" however other people seem to disagree.

    Am I in the right? I've tried looking under the trades description act and cannot see anything on how they define "new".

    I wouldn't be happy rec. a machine which had been sitting around for 11 months and I sure as ell wouldn't class it as new.

    Does anyone have any advice? info? Would you class it as new?

    Cheers!

    5nowman

    30 Comments

    I would class it as new, old stock

    if its getting sold with 12 months warranty don't see a problem selling it as new
    but if selling with 4 year then yes i guess they will take the hit if it goes faulty
    Edited by: "davver99" 16th Mar 2011

    If its new then it will have a full warranty when sold. Seems like an honest description would be:

    Item is unused and boxed with remainder of manufactures warranty included.

    i'd say it's new if it's never been opened/used.

    I'd also say it was new if it was unused and unopened. Say it was an item of clothing with the tags on but had been sat in the wardrobe 6 months....it's new and unused with it's tags on therefore new becos' if it wasn't new it would have been worn
    Edited by: "luvvlychocolate" 16th Mar 2011

    id say its new, its only like a toy/cd sitting in asda for months thats not been sold and if you bought it it would still be new. might be cheaper to make it sell but still new.

    melipona

    If its new then it will have a full warranty when sold. Seems like an … If its new then it will have a full warranty when sold. Seems like an honest description would be:Item is unused and boxed with remainder of manufactures warranty included.



    I'd agree with this, if I bought something "new" with a 4 year warranty, and it turned out it only had 3 years remaining, then it's not new, it's "unused"...

    Banned

    If your a shop selling it, its new
    If your selling it privately, its as new

    op by your logic when does an item thats just arrived in a shop stop being new, after a day, a month, 3 months etc?


    DVS_Dee

    i'd say it's new if it's never been opened/used.



    This..

    Original Poster

    Lets put things into perspective.

    If this was a 2009 Car , with 0 miles done. and 1 year of the 3 years warranty left, are you telling me I can sell this as "A New Car with 1 years manufacturers warranty left" ?
    Edited by: "5nowman" 16th Mar 2011

    5nowman

    Lets put things into perspective.If this was a 2009 Car , with 0 miles … Lets put things into perspective.If this was a 2009 Car , with 0 miles done. and 1 year of the 3 years warranty left, are you telling me I can sell this as "A New Car with 1 years manufacturers warranty left" ?


    Not me... Unused not new.

    Newsed

    5nowman

    Lets put things into perspective.If this was a 2009, with 0 miles done. … Lets put things into perspective.If this was a 2009, with 0 miles done. and 1 year of the 3 years warranty left, are you telling me I can sell this as "A New Car with 1 years manufacturers warranty left" ?



    You cant really compare with something that depreciates in value ie can be listed as an expense if you were in business.

    Doesnt the warranty start with the purchase?

    Original Poster

    whatsThePoint

    If your a shop selling it, its newIf your selling it privately, its as … If your a shop selling it, its newIf your selling it privately, its as newop by your logic when does an item that's just arrived in a shop stop being new, after a day, a month, 3 months etc?



    I would say its relative.
    If I got a PC from say dell, the item will be new as long as the first years warranty started on the day I got it.
    If say I bought a dell PC off some other supplier, and the warranty had started when the "supplier" got it, the machine is no longer new. Therefore, in my opinion, new should be when the original source sends the item to the first recipient, anything else is unused, boxed as new.



    Edited by: "5nowman" 16th Mar 2011

    The time it has been sitting around is not really an issue as to whether something is new or not in retail context. I bought a brand new car that had a massive discount as it was an old model. However apart from that it was the same as any other brand new car bought from that dealer. However if the warranty has somehow been activated (this should only happen when the item is purchased) then it can no longer be classed as brand new and should be sold as unused.

    Unopened new stock, if the spec of the computer is listed surely they know what they are buying (2009 components but as new) and to list as unopened and unused should be sufficient

    Why has the manufactures warranty started to count down? This suggests that ownership has transferred at some time, if this is the case then the item is second hand and not new.

    saayinla

    This..



    This...

    melipona

    Why has the manufactures warranty started to count down? This suggests … Why has the manufactures warranty started to count down? This suggests that ownership has transferred at some time, if this is the case then the item is second hand and not new.




    Although im of the opinion it should be new this is a valid point, it seems this has already been activated i. e sale has been completed and registered

    Original Poster

    This seems to be getting warmer.
    Not all resellers have the power to "restart the clock" on the warranty... which is why this PC has 3 years of the 4 warranty. Even though the PC has been sitting on a shelf for 11 months, it can old be sold as "unopened with 3 years warranty left" but never as new.

    simplex

    Although im of the opinion it should be new this is a valid point, it … Although im of the opinion it should be new this is a valid point, it seems this has already been activated i. e sale has been completed and registered


    Banned

    If this is an ebay sale the correct term is "As New" which while being honest will not depreciate the value my very much and you have less comeback if the seller isn't entirely satisfied with the product.

    if it aint been used id say new but if its been opened like new

    Banned

    if it is still sealed then surely its new?
    If not, at what point did it stop being new? The minute it was delivered? The next day, the next month?

    Original Poster

    Cheers for all the advice. It was for where I work at the moment, was not too happy with them selling a PC to a customer the way they did. Initially they sold it new with a 4 year warranty, even though it had been on the shelf for 11 months (had 3 years 1 month warranty left when sold).

    I work with cowboys in a nutshell and wasn't happy they did the above... This has now changed to the customer knowing it has sat on a shelf for 11 months, and they have been given a discount - had to force the company to be honest.

    JackBauer

    This...



    +1

    Banned

    melipona

    Why has the manufactures warranty started to count down? This suggests … Why has the manufactures warranty started to count down? This suggests that ownership has transferred at some time, if this is the case then the item is second hand and not new.



    totally agree with you, if the full warranty has started to count down then it should never be classed as brand new.FULL warranty begins once YOU have purchased it.

    Banned

    slamdunkin

    If this is an ebay sale the correct term is "As New" which while being … If this is an ebay sale the correct term is "As New" which while being honest will not depreciate the value my very much and you have less comeback if the seller isn't entirely satisfied with the product.



    wrong.......

    it should be listed as new: never used

    not brand new

    and certainly not as new

    5nowman

    Lets put things into perspective.If this was a 2009 Car , with 0 miles … Lets put things into perspective.If this was a 2009 Car , with 0 miles done. and 1 year of the 3 years warranty left, are you telling me I can sell this as "A New Car with 1 years manufacturers warranty left" ?




    That would never happen, new car warranties start the day the vehicle is registered, once it is registered it is no longer new.

    5nowman

    Cheers for all the advice. It was for where I work at the moment, was not … Cheers for all the advice. It was for where I work at the moment, was not too happy with them selling a PC to a customer the way they did. Initially they sold it new with a 4 year warranty, even though it had been on the shelf for 11 months (had 3 years 1 month warranty left when sold).I work with cowboys in a nutshell and wasn't happy they did the above... This has now changed to the customer knowing it has sat on a shelf for 11 months, and they have been given a discount - had to force the company to be honest.



    All credit to you for standing up for your principles, I hope the company appreciates your efforts. Had I been the purchaser and been misled in this way I would have been straight onto trading standards.
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