Is the guarantee worth the paper it’s written on?
In addition to the protection given to consumers by the Sale of Goods Act, manufacturers and retailers will also issue their own guarantees or warranties. The two are basically the same thing so for the purposes of simplicity we will refer to them as warranties. It is a myth that certain products (electrical products for example) automatically come with a 12 month warranty – there is no legal obligation for shops or suppliers to provide them – it is simply to enhance consumer confidence in their product and promote sales. It also provides them with valuable marketing information which is why you will need to register your product by filling in a card with your personal and purchase details in order to activate it.
Warranties are basically a commitment to repair or replace defective parts within a specified time frame (usually 12 months), although beware of any small print requiring the consumer to bear the cost of any shipping, labour etc as this runs contrary to the Sale of Goods Act which states that it is the seller’s (retailer’s) responsibility to ensure the goods are repaired or replaced at no cost, minimum inconvenience and within reasonable time. Previously there was some doubt as to the legal status of such documents, but European regulations have now confirmed that warranties are legally binding contractual obligations between the manufacturer, or retailer and the consumer for the time frame indicated.
The important point about warranties is that they should never seek to replace your rights under the Sale of Goods Act, and even after they have run out, you will still be protected by these statutory rights which can run for up to 6 years after purchase. Furthermore, you should never be referred back to the manufacturer at any point. Your first and only port of call in the event of a claim is always the seller or retailer. For further info on warranties and extended warranties, see our Guide.
Your Statutory Rights
- How do you measure quality?
- It’s not fit for purpose
- How long should it last?
- 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:
I bought a Dell laptop in August 2007 and so the warranty ran out in August 2008. The power cable that goes into the back of the laptop has started to break, and they are refusing to replace the power cable and want me to pay £40 for another one.
Am I right in thinking, that because I paid over £500, have looked after my laptop well, that the cable should last longer than 17 months?? I think I have caught the problem early before it stops powering my laptop (it pretty much stays on the desk!).
My knowledge of my rights are limited and I have been told by a couple of friends that I should insist Dell send me a new power cable under my statutory rights (which I did), but the manager of the Technical Support has forwarded me on to their legal team and now I have no idea what to do!!
Michael, You are correct, Sale of Goods mentions durability and takes into account the nature of the item, price paid etc. After only 17 months, this cannot be considered wear and tear and you should look to the remedies available to you under the legislation – namely repair, replace, refund – in that order. Dell must foot the bill including postage, parts and labour, although you must allow them the opportunity of examining it first (and you may have to pay initial postage costs to allow them to do this). Go back to the legal team citing S48 Sale of Goods. For more info, see our section on Consumer Rights/Sale of Goods:
http://whatconsumer.co.uk/and-if-my-statutory-rights-are-breached/
Thank You!!! Dell called this morning, but I had just got back from a night shift, so they will call me tomorrow.
M.
Hi
We bought an Ice Machine for our pun 15 months ago, it came with a 12 month warranty. It has just broken down. The retailer we purchased it from has said that they will not do anything. I have spoken to the manufacturer and they have told us the same thing. However the manufacturer did say that they would expect the machine to last “a good few years.”
Are we within our rights to demand that the retailer that sold us the item either repair or replace it.
Thanks
Chris
Chris, please look at:
http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/
for more info on this.
I bought an Ei system 1201 laptop from PC World, Merryhill, Dudley in June 2008. At end of January 2009 it would not boot up. I took it back to the shop and they sent it to their Tech Guys for repair. After 4 weeks I have received my laptop back and it now boots up but the keyboard does not work….it was working before. There was a note in with the laptop saying that any manufacturer faults have been rectified however, any faults due to accidental damage such as liquid damage found on your laptop are not covered under the first year manufacurer’s guarantee. I have taken good care of my laptop and know that I have not spilled any liquid on it. Also, when I collected it from the shop they never mentioned that the keyboard was not working they just handed it over and said it was fixed. What are my rights?
Matt, Irrespective of any guarantee which is offered, you still have your statutory right to a good quality durable product under Sale of Goods. The keyboard has obviously been affected by the repair and you have the right to get this fixed without additional cost and significant inconvenience. Send it back once again to the retailer, and advise that if there are any further faults you will be seeking a replacement as per your rights under Sale of Goods S. 48. See:
http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/
for more on this
Hi. Hope I’m posting this in the right place. My parents paid £500 for a LCD televeision 15 months ago from a famous high street electrical chain. It came with a 12 month guarantee. However, in the past month or so, strange “markings” have appeared on the top quarter of the screen, visble when you’re watching any programme. Am I right in deducing that this is not reasonable wear and tear, and that something of that price should last longer than 15 months without developing a defect? I’ve told them they may be able to use the Sale of Good Act to try and get it repaired/replaced? Many thanks for any advice.
I bought a £70 fountain pen in mid December (it is now 24th February) but the pen is leaking. I am told that they will send the pen away to the manufacturer for repair rather than replacing which could take several weeks. Is this acceptable?
Hi Bev, I am afraid it is. You couldn’t really argue that this causes significant inconvenience. Tony
Hi, if a faulty item is replaced within 12 month guarantee period e.g at 9 months old, does the warranty start again at replacement or just until end of original guarantee period? My elderly mother has a TV set top hard drive with nothing but problems. It was eventually replaced but has completely gone again. It was a present so she doesn’t have the original receipt and I am having trouble finding a number/email address for the manufacturer (Thomson)but want to be clear of her rights as it is more than 12 months since the original purchase but within 12 months of the replacement issue. Thanks
Hi I purchased an LCD Tv from a major supermarket and it has broken down after 20 months. They have offered me a third of it’s cost in compensation but I would like it repaired. It has now been 2 weeks since I first brought it to their attention. What are my rights?
I used to work for Tesco on the tv department and thier policy was to repair or replace, most of the time we replaced the tv for the same model or another tv model to the cost of your original one if they didnt have that tv in stock, you might just get a better tv than you originally payed for.
I got my dad a bigger and better model ( from Technika 37″ to lg 40″) andd they got some money back as it was cheaper.
If you want it repaired than thats what they should do, but the compensation is within thier “rights” just insist on the repair
Hi all!
My girlfriend has purchased a brand new laptop over a year ago and is now outside the warranty of PC World. However the screen has come out of the casing and is barely being held in place by the plastic remnants of the case, the laptop is also now overheating and causing automatic shutdowns and loss of data and also due to the large amount of heat has melted the charger cable and she had to purchase a new one.
She is now at her wits end and needs to do a lot of college work, but is unable to do so on such a faulty laptop.None of the damage was caused by her, it was a design flaw that cracked the casing when the lid was closed, and the condition is getting worse each day. She wants to get her money back or at the very least recieve a replacement for her laptop. Can anyone advise me what rights she has in terms of achieveving this and how to go about doing what is needed.
Thanks everyone, this has been bugging her for a while now and she can’t afford to replace it.
purchased a msi notebook in nov 2009 it has now gone of saying hard disc error iam getting the blue screen and nothing is happening tryed recovery disc but nothing working, ive tryed msi but its an american site its saying need to register before i get advise tryed this but cant has there is no option for britain on the reg site no british contact numbers,ive emailed argos but waiting for reply
were do i stand with this?
I bought a tv for my boy around 16 months ago and it is now not working. I bought this from Argos for around £ 140 who now advise me it is out of warranty and therefore it not their responsibility.
I understand there is a Durability clause within the Sale of Goods Act which may help me here, would you kindly advise?
Thanks. Ian
Hi,
I purchased a laptop from PC World approx 6-8 weeks ago. However I didnt take out extended warranty or complete the 12 month warranty card. I have now encountered a problem where a large crack has appeared on the screen without any accidental damage occuring. I have since found numerous consumer forums stating that this is a common fault with this make of laptop. (ADVENT).
Do I have any rights for a repair or exchange?
Any advice welcome, Thanks.