What are my rights if they can't repair or replace?

roycymru

New Member
Jan 10, 2009
4
0
0
In Jan 2008 I bought a HP monitor from Comet with 12 month warranty. In late November it developed an intermittent fault so I toook it into my local Comet store for repair on the 14th December. The repair note said that the monitor should be back in store by 03 Jan 2009 and the in store customer service rep said this was a maximum possible date to cover themselves and they were normally back within a Week. The monitor was not back within a Week so as I was passing the store on the 2nd Jan I just popped in to check it would be back on the 3rd. I was informed it wasn't and HP in the interim had missed another promised date for delivery of replacement to the store and could not guarantee a date for when I would get a replacement (was then told HP replace and never repair). I said as I was told the 3rd Jan was a maximum date, there was no guarantee of a replacement date and they could not repair or replace it in a reaonable time frame that I wanted a full refund under the terms of their "your Receipt" brochure which clearly states "if for any reason we can't repair it we'll offer you an exchange or full refund". They reluctantly agreed (was 1.5hrs in the store!) but for this said they needed an RMA from HP they couldn't just give a refund (even though my contract was with Comet not HP). They said it would be sorted out by the Monday (5th Jan). I contacted Comet several times during 5th-9th and kept getting fobbed off and Comet said HP were being awkward about issuing an RMA. Therefore of the 9th I sent a complaint off to Comet Customer Service basically saying if there was a dispute between Comet and HP it should not be my problem I just wanted a refund. I got an E-Mail back saying to contact the manager to arrange an exchange, not mention of a refund. You can understand I was not best pleased! I rang customer services and they said as far as they were concerned they were fulfilling their obligations, that my model was not available and therefore either accept a replacement or have Comet vouchers to the price of the monitor. I stuck to my guns and said as they could not repair or replace I wanted a full refund and was not interested in vouchers as I did not want to deal with Comet again. They still would not back down. Therefore I went to the store in Comet ready to se the manager let rip about poor service and how I had effectively been lied to about the RMA issue (and therefore an implied refund) for a week, but quite quickly was told "in this one instance" they would offer a full refund and did so (without an RMA!). This matter has given me a vey poor opinion of Comet and HP (id what Comet was saying about them was true).

To cut a long story short was I right and as they could not repair could not offer me the same item as replacement that I was entitled to a full refund (and one which did no entail vouchers)?

Thanks
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Absolutely shocking, your contract for sale was for a specific model. They cannot offer you a like-for-like replacement unless you agree to this. The Sale of Goods Act works in this order - repair, replace (same model), refund (cash not vouchers). The law is on your side. Report them to Trading Standards and quote this:

Sale of Goods Act 1979 (c. 54)

See section 48B and $*C

I hope this makes sense

Tony