Suing Argos under Sale of Goods Act

pavlovs_dog

well wrong or otherwise, i speak from experience...i work for argos and have seen cases like this time and time again.

the words blood and stone spring to mind

trickytrolleys

pavlovs_dog wrote:

well wrong or otherwise, i speak from experience...i work for argos and have seen cases like this time and time again.

the words blood and stone spring to mind

Thats as maybe but legally the obligation is with Argos, I would imagine from what you say the OP may as well file his claim and enter for a default judgment as I doubt Argos will respond.

The Sale of Goods Act 1979 s. 13 and 14 will provide you with the necessary info, this may also help: http://www.dti.gov.uk/ccp/topics1/facts/salegoodsact.htm


Thanks

Turning_into_scrooge

pavlovs_dog wrote:

argos offers a one years manufacturers guarantee on all electrical goods (provided you retain your receipt as proof of purchase).

you are offered the choice of taking out additional insurance when you purchase the item, extending your cover from between 3-5years depending on the item.
after the 1 year guarantee is over, argos is under no obligation to do anything - it has provided you with 1yrs warranty. your gripe therefore is with the manufacturer, samsung, for poor quality equipment.

within that 1year warranty period, argos would be required by law to offer a repair/replacement service, as would be enforcable by trading standards. now that 1yr period is over, any service that argos offers to provide to you is soley as a gesture of good will on their part as they are under no legal obligation to do anything...and take it from someone who knows, the more you going in ranting and raving to them the less they are likely to help you.

It has actually been stated by i think Trading Standards that the consumer does not need to take out extra insurance cover on electrical goods as they should last for at last 3 - 5 years or it could be 6 so considering the OP item went after 13 months it looks like he/she has a reasonable case in law for repair or replacement. Also The argument is with the seller NOT the manufacturer even when it is past 12 months. This i know for sure as i questioned a product bought from Argos with Trading Standards recently. You do have to produce your receipt to prove purchase.

trickytrolleys

You dont ave to provide your receipt, (although this is obviously the easiest method) but you do have to be able to prove you purchased it from them, a credit card or debit card statement would be sufficient. Also, if you buy on a credit card you also have additional protection. s.75 (cant remember the act but someone on here will know!) LOL

november

Useful info on this thread I wish I had a couple of years ago.

I had a washing machine that went after 18 months. I got it repaired under extended warranty. I must have had a premonition or something as its the only time I have ever got an extended warranty. The repairman said it was because that particular machine had a drum fault. My drum was replaced and the motor as it had blown that and various other things. In fact the whole insides were replaced if you ask me but not the casing. They wouldn't replace the whole machine. Approx 6 months later it 'blew' again and I had to junk it as they said my warranty was 'used up'.

My sister and neighbour coincidentally had the same machine. Both machines gave up at around 18 months. They had no warranty. I told them about what the repairman had said. My sis found out from her local repairman that yes the manufacturer knew it was a drum fault.

Both I and my sis did phone local Trading Standards (we live in different areas of the country) who said there was nothing we could do as the machines were outside 12 months old and it depended on the definition of 'reasonable time'. We thought 18 months old was well within reasonable for a washing machine costing several hundred pounds but both TS's said not necessarily and there was nothing we could do She chucked her machine out and bought a different one.

I'll never ever buy that brand of machine again. They knew they were faulty but didn't give a damn cos they weren't going until past 12 months old.

Anyway thanks for the info and links and strange the TS advice we got was wrong or has it changed recently?

Stonk

november wrote:

I'll never ever buy that brand of machine again. They knew they were faulty but didn't give a damn cos they weren't going until past 12 months old.

Go on, save everyone from the same problem! Who's the manufacturer?

Glad

the problem with a washing machine and similar is that the reasonable expectation would be a certain number of 'washing cycles' not a certain number of months, so how would you prove that you hadn't been running it 8 times a day for 18 months

Fruitcake

Unlike a car which has a time or distance limit imposed, there is nothing in the purchase agreement of a washing machine limiting the number of permitted wash cycles during the first twelve months. Therefore there is no restriction or implied restriction on the number of wash cycles for the period after the guarantee expires.

Provided that the machine is not abused, the only restriction on "fit for use" is an undefined "reasonable length of time."

An anvil should last several lifetimes of being hit with a big hammer, an icecream should last a few minutes. Everything else you buy should fall somewhere in between. The ice cream is an example where something is not expected to last 12 months but is still fit for purpose.

The problem of course is, "what is a reasonable length of time?" I can't remember the exact wording but it is something along the lines of, how long a normal person would reasonally expect a particular item to last.

Assuming a court decided that I fit the criteria of a relatively normal person, I would expect a washing machine to last at least five years before breaking down completely. However, I would think it reasonable if the machine had needed 2 sets of motor brushes and maybe a door seal and a drive belt in that time. I base this on 30 years of owning, using, and minor repairs to my own machines. The type of use varied from being single, married with babies, and a house full of teenagers. I have owned four machines, none have lasted less than five years. The longest was 13 and that was from babies upwards when it was practically on endurance.

Based on this experience, a machine that only lasts 13 months was not fit for use. I would hope a court would agree and the op therefore would have a case to make.

The 12 month guarantee was a Victorian con. It was devised by a very shrewd gentleman who realised people would buy his products instead of another's who didn't provide such a statement on their goods. The "reasonable length of time" existed in law at the time, but few people were aware of it, and taking someone to court would have been beyond most. It is still the case today where many people are unaware that a guarantee is extra, and the law of fit for use is superior to it.


Fruitcake

You Only Listen To Me When I'm Wrong

Fruitcake

OOPs,
Senior moment there. OP's problem was with a TV not a washing machine. Most of my ramblings still apply, I hope. I'll go now whilst I am still continent.

Fruitcake

Yuo Really Do Only Listen To ME When I'm Wrong

Turning_into_scrooge

Fruitcake

My Candy washing machine has been going for nearly 7 years now and has only had one change of brushes, cost me less than £200 too. I use it at least once a day sometimes 4/5 times depending on who and what, other members of my family have also used it when theirs have broken so i am well pleased with mine and i hope it will last at least another year before i have to replace it.