Quick legal question regarding replacement of faulty goods.

Davey_Pitch

Davey_Pitch

Davey_Pitch

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Right, the GF has a Freeview box which recently stopped working. As her mum has the same box we were able to do some testing and it turns out the plug is the problem. Unfortunately, it's not a standard type of plug so I can't take it apart and change the fuse (not without potentially destroying the plug, brute force seems to be the only way to open it up). So, we've contacted Alba (Freeview is a Bush, who're owned by Alba), and they've advised that there will be a charge for sending us a new plug. Now, as far as I'm aware, the maker is under an obligation to replace faulty items free of charge within a specific period (I think it's 6 years, but not quite sure), but I'm not sure if this extends to things like a plug or not. Anyone have any ideas on this. We'll pay if we have to, but I'm sure the Sale of Goods act says something about it, just trying to find it now.
 
iirc the 6 years only really applies to major electrical appliances. The Sale of Goods Act only refers to a 'reasonable time'. How old is the box? I'd say that 3 years would be a reasonable timeframe.

If I were you I'd ask them to send one FOC. They've no obligation but it would be good customer relations. Can you not buy a new plug/lead or is the lead wired in to the back of the box?
 
Your warranty is with whoever you bought it from. It likey comes with a one year guarantee. Inside 28 days they have to replace it, outside that, they can repair if they want to.

Sure your 6 year figure may be law or whatever, but good luck getting anyone to honour it.
 
Nothing to do with the manufacturer, everything to do with the supplier. Take it up with them. You have no contract of sale with the manufacturers.
 
taliesyn said:
Nothing to do with the manufacturer, everything to do with the supplier. Take it up with them. You have no contract of sale with the manufacturers.
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Indeed, so I've just read. I'll take it up with them instead.
 
taliesyn said:
Nothing to do with the manufacturer, everything to do with the supplier. Take it up with them. You have no contract of sale with the manufacturers.
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Erm .... not quite, actually.

Yes, the contract exists with the supplier not the manufacturer BUT .... if a manufacturer offers a warranty that the consumer knew about and relied upon when buying the product, then the consumer can legally enforce that warranty against the manufacturer.

So while you're right in that assertion in general terms, it isn't quite that cut and dried. Very little to do with the law actually is. :)


Nelson said:
iirc the 6 years only really applies to major electrical appliances. The Sale of Goods Act only refers to a 'reasonable time'. How old is the box? I'd say that 3 years would be a reasonable timeframe.
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The 6 years actually comes from the limitation in English law on the period in which you can sue for breach of contract.

How far you'd get in terms of claiming on an 'old' product would depend primarily on the nature of the product and what "reasonable" expectations of the life of that product would be. Obviously, perishable foodstuffs would have a very limited life, but you might reasonably expect, oh maybe an aluminium ladder, to last the full six years. Everything else falls somewhere in the middle. Would anyone be surprised if, say, a TV set, washing machine or dishwasher lasted five years but not six?
 
Caged said:
Your warranty is with whoever you bought it from. It likey comes with a one year guarantee. Inside 28 days they have to replace it, outside that, they can repair if they want to.
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Where did you pull that from?
 
daz said:
Where did you pull that from?
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I was wondering that myself, as it appears to be wholly incorrect.

To answer a few points raised in the thread. The box is, as you'd expect with a faulty product, just over a year old. I *could* cut the plug off and put a new one on, if I knew how to do that. It isn't a standard plug however, as we went around several electrical retailers at the weekend and none of them had a plug that would replace the faulty one.

As I said, we have no problems paying if we're meant to pay, but I would never expect a plug to fail in just over a year, especially when the 2nd identical box we have has lasted just as long, with just as much use. As the plug is faulty, with no obvious way of trying to fix it myself by replacing a fuse, I would expect them to replace it.
 
Davey_Pitch said:
, Alba (Freeview is a Bush, who're owned by Alba), .
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Why did you guys bought a product with the logo BUSH or ALBA on it? In my experience, they use cheap component to make them and they breakdown faster than a tvr
 
Retailers can choose to repair a product from day 1 if they so choose however give customers usually 28 days for a replacement as not everybody tries their product on the 1st day of ownership, and if something is going to break....then theres a good chance it will when it is first used. The warranty is in most cases a manufacturers warranty and not with the store, unless a store warranty was taken out at the time of purchase. The store however MUST arrange a replacement or repair if the customer so wishes, however it can be organised by themselves and usually faster.

The 6 year figure would, if I remember reading correctly, require going to court....it is for them to decided whether the product broke due to wear and tear, misuse or just of age.
 
BrenOS said:
Sensible option has been ignored, so here it is again
Tru said:
Could you cut the plug off and wire a standard one?
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;)
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Do you ever get halfway through writing a gag-post, only to realise it's only funny in your own head?

It was going to be about keeping the plug and throwing away the rest, but I couldn't get the wording to work.

:/
 
Wiring a plug is easy as pie. All you need to know is which colour wire goes where (earth/green top, neutral/blue left, live/brown right), and what fuse it needs, and you're sorted. Just trim the edges of the wire down when you cut it so you can nicely tie everything together and you'll be fine. :)

A quick googling provides this, and it seems accurate to me.
 
philio16 said:
Retailers can choose to repair a product from day 1 if they so choose however give customers usually 28 days for a replacement as not everybody tries their product on the 1st day of ownership, and if something is going to break....then theres a good chance it will when it is first used.
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Not necessarily.

If goods don't conform to contract at the time of purchase, a buyer is fully entitled to reject the goods and demand a refund. If I buy something , get it home and it's dead on arrival, I would not accept a repair. The supply can refund me, or I might accpet a replacement, but not a repair.
 
I cant imagine a company like Alba using a non standard power cables to be honest with you. What shape is the end of the plug exactly ?

Figure of 8 (2 pin)
Clover leaf (3 pin)
other

etc...
 
i think you'll find you have to be qualified electrician to put a plug on these days.

Just chuck the useless thing out and buy another you tight fisted ....... ;)
 
Sequoia said:
Not necessarily.

If goods don't conform to contract at the time of purchase, a buyer is fully entitled to reject the goods and demand a refund. If I buy something , get it home and it's dead on arrival, I would not accept a repair. The supply can refund me, or I might accpet a replacement, but not a repair.
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Entirely true, I was only saying that the store could choose to repair it (if say a refund wasn't wanted by the customer, should have made that clear)
 
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