How long should it last?
Durability
Durability is another recent addition to the definition of quality. How long should a dishwasher or a vacuum cleaner or a printer last? This is a very common source of complaint and one which manufacturers were always quick to turn back on the consumer, requiring them to provide proof that the item did not conform to contract specification from the start, or implying an element of misuse or neglect. Thanks to the new European Regulations, UK law now offers greater protection for consumers against products which develop faults within the first 6 months. The assumption is now that if it breaks down within this time period it cannot have conformed to the contract specification when purchased and you have the right to an automatic repair or replacement. Having said this, items which should last several years can still break down after this six month period. If the retailer or manufacturer’s warranty has run out, the shop is often quick to say there is nothing they can do before attempting to sell you an extended warranty. This is misleading. If you buy something which should last 7 years but breaks down after a year and a day, you can still claim it was of poor quality in reference to the durability aspect. In this respect it will help to know how long items such as washing machines or printers should last. You can get this information relevant trade association
I can’t get spares
It could be that due to the discontinuation of something you have recently bought, you can no longer get your hands on spare parts, rendering it un-fixable. Unfortunately there is no legal obligation for a manufacturer in this regard, although there are some trade associations who require their members to ensure products are not rendered useless due to the absence of spare parts.
Your Statutory Rights
- How do you measure quality?
- It’s not fit for purpose
- Is the guarantee worth the paper it’s written on?
- I bought it from a bloke down the pub
- Rights when knowingly buying damaged goods
Common Complaints
- They say I’ve taken ownership so it’s my responsibility
- Do shops have to give me my money back?
- The shop doesn’t want to know, they say it is the manufacturer’s responsibility.
- It’s second hand – do I have any rights?
And if your statutory rights are broken
Related posts:
Thank you for your full and comprehensive advice for the return of damaged items bought on the internet. I recently bought a Transformer OPTIMUS PRIME toy and it was clear once opened that this had already been returned. As a result there were no batteries in the toy and some of the parts were broken. I asked for a new one from the distibutors via Amazon and they made the assumption that I caused the damage. I was really upset by this as all I ever wanter was a toy for my son which was not scratched and damaged the moment he opened it. I believe I have a right to a new replacement toy or my money back. Please could you confirm this so I have the confidence to return without feeling I have done something wrong.
Regards,
Sarah Leetham
Sarah, the time you had possession of the item before notifying the supplier of the problem should be testament to the fact that the damage hasn’t been caused by you. Under Sale of Goods, you can rightly claim that you haven’t ‘taken possession’ of the goods and are seeking to reject them. Additionally, for damage spotted within the first 6 months, it is for the supplier to prove that the goods conformed with the contract at the point at which they were supplied – and not you to prove that you didn’t cause the damage. You have the right to a replacement or a refund without having to foot any additional postage costs yourself.
Hi.
I bought a pentax digital SLR for around £600 in mid august of 2008. Yesterday it developed a fault where it would not read memory cards. After searching on the internet and on forums i find that it is a common fault which can happen at any time, and that a repair costs around £200. On the “repairs” slip there is even a tick box for this problem. This leads me to assume that this is a fault which exists in pentax cameras and that it has nothing to do with wear and tear or any fault on my part. After 18 months am i still covered? Should it go to the manufacturer or to the retailer?
Thankyou!!
I am having a ver similar issue with a canon camera. 12month manufacture warranty and after 14 months it started displaying issues. An engineer said the main circuit board needs replaced and the issue is an electronic failure not maltreatment. Cost £200 for a camera that cost me £400.
I would be interested to know the best course of action for this.
Note// I raised a complaint with Canon to cover/supplement the repair cost and am awaiting a response. Simultaneously raised a complaint with the retailer to see if they will repair free of charge, also awaiting a response.
Hi
My wife bought me a samsung digital camera for my 50th birthday from Argos, she bought it in January 2009, and gave it to me on my birthday 22nd February, it broke on 3rd March 2010. My wife took it back to Argos who have refused to help and referred her to the manufacturer, the camera has a 2year manufacturers guarantee, unfortunately they aren’t open today, where do we stand on this.
Many Thanks
Graham
I wrote to a stores head office as I had bought a watch as a christmas gift 2009 and it broke in Feb 2010, the store refused to exchange it as I’h had it for more than 28 days. I used the letter template requesting a response within 14 days. I have not had a response, what do I do now?
I brought a Beko washing machine from a mail order company last June (09). Unfortunately it broke down last sunday, got an engineer out today who has said that the motor has burn’t out. I spoke to the company that i brought it from and they advised they won’t replace this and i will have to wait for repair. I asked how long they thought a reasonable time was and they responded with 14 days from when the engineer firs attended. He has advised me that i shouldn’t expect to get the machine repaired until a week on Friday because of the bank holiday.
I feel if he product has already broken that it is not fit for purpose and would like a replacement. They have refused, even though i have exceptional cicumstaces (I have contagious skin disease were by so as not to infect anyone i have to wash my bedding and towels daily).
However they are saying i must allow them 14 working days? is this correct or is it 14 days from point of breakdown
I purchased a slow cooker from Argos on the 22nd nov 2009, the slow cooker it now not heating up on the lowest setting, am i withion my rights to return the product to Argos under the sale of good s act and what can i expect them to do
BOUGHT AN LG 42 INCH TV FROM SOUND AND VISION 3 YEARS AGO COSTING 800 POUNDS NOW PICTURE NOT WORKING. THEY SAY ITS NOT THEIR PROBLEM WHO IS RIGHT . I BELIEVE THEY SHOULD FIX THE TV
I have some headphones which I have had for 18 months. These came with a manufacturer warrenty of 24 months. I sent these back to the seller, who informed me that the headphones were indeed faulty and not damaged due to wear and tear. They offered me less than half the original cost; as the model is no longer stocked – claiming I’ve had 18 months use out of them. I insisted that I should be provided with an equilivant replacement or a full refund (or at least a resonable offer). Am I correct? Also if I am, what can I do to progress this further?
My current mobile phone is on contract from Vodaphone over 2 years. The shop I got it from tried telling me that only the first 12 months would be covered by the manufacturers guarantee, and that for peace of mind I should take out and extended guarantee to cover the 2nd year.
I pointed out that the Sale of Goods Act would automatically cover me for the 2nd year, as the contract was for two years and that the phone should be expected to function correctly over the whole two years, baring accidental damage.
I also stated that as the seller, any fault that developed in the 2nd year of the contract would be their responsibility, and that replacement or repair costs would be down to them.
I was told this was not the case, and that the act only covered the cost of replacement parts, not the postage or labour charges, which can easily reach 200 pounds or more.
I still think that in any contract with a shop, the goods they supply should be in working order for the duration of the contract, and that they would be liable for any repair costs.
Who is right? Me or the shop?
I bought a PS3 in March 2008, it has just stopped working with the infamous ‘yellow light of death’. I bought it online and it cost me £310 so I expected it to last much longer than 2 years. I am unsure who to contact, should it be Sony or the website which I purchased it from but is it even worth it considering it is over a year old? Any information would be greatly appreciated, thanks.