Faulty kettle bought from Argos

BargainJunky

I bought a kettle from Argos in December 2007 and started using it some time last year. It has started to make funny noises when boiling and yesterday would not switch off automatically when boiling. I had planned to throw it in the bin but found the box which says it has a two year guarantee. Can I return it to Argos or do I have to contact the manufacturer?

Thanks for reading

Coupon-mad

I think it would be best to claim under the terms of the 2 year guarantee (presumably offered by the manufacturer).

Argos are pretty bad at allowing customers to return things under the Sale of Goods Act even 2 months after purchase - so to try to get any sense out of Argos after 16 months would be a waste of time for you IMHO. Even though you could argue that electricals might be expected to last longer than 16 months...:rolleyes:

So, best bet, stick with the manufacturer for an easy life - provided you actually registered the product for the 2 year guarantee soon after purchase (if that was required)?

Enterprise_1701C

Registration does make things easier, but so long as you have the receipt that is proof enough of when you bought it, alternatively a bank or credit card statement should be enough.

Contact the manufacturer, tell them when and where it was purchased (they may want a copy of proof of purchase, if so make sure you keep the original)and tell them the problem - would be very surprised if they do not send you a new kettle.

BargainJunky

Thank you both.

I have the receipt and the box so will give them a call in the morning (using say no to 0870 of course!).

derrick

Under the SoGA your contract is with the seller, (in this case Argos), take it back to them, you have no contract with the manufacturer.

Consumer Direct; -
"The Sale of Goods Act makes reference to ‘the seller’, this is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer."

"Your statutory rights under the Sale of Goods Act take precedence over and above any warranty or guarantee you may have with either the retailer or manufacturer."


WHICH; -
"Retailer or manufacturer
In most cases, your rights are against the retailer – the company that sold you the product – not the manufacturer, and so you must take any claim against the retailer. "




.

Tozer

You have a contract of guarantee with the manufacturer. Your rights under the Sale of Goods Act may have expired.

However, the terms of the guarantee will tell you what to do.

Tozer

derrick wrote: »

you have no contract with the manufacturer.
.

And the case of Shankland Pier -v- Detel Products, the Contracts (Rights of Third Parties) Act 1998 as well as the common law of contract is superseded by Derrick on Contract Law.

BargainJunky

I spoke to Morphy Richards this morning and they said that the symptons I was describing probably meant it needed descaling and they recommended oust. If the descaling didnt work contact them again. I'm not too pleased at the moment as we dont live in a hard water area and have never had a problem with limescale before. I also dont trust the kettle to switch off especially as I have two small children in the house.

I think it might be heading to the bin and Morphy Richards will be a no no on my next purchase list.

Enterprise_1701C

You don't need oust - boil it with a vinegar solution and give it a good rinse. I can't see how scale could stop it switching off either (assuming you don't fill it to the very top where the bi-metal strip would be (is that still what they use for the switch?))

TBH it sounds like you spoke to the wrong person. It might be worth writing to them (after descaling so you can say you've descaled it) - that way the letter might get to the right department. Don't bin it yet, have one more go.

derrick

Tozer wrote: »

You have a contract of guarantee with the manufacturer. Your rights under the Sale of Goods Act may have expired

SoGA can last up to 6 years,( to make a claim against the retailer), so unlikely they run out before any warranty!

Tozer wrote: »

And the case of Shankland Pier -v- Detel Products, the Contracts (Rights of Third Parties) Act 1998 as well as the common law of contract is superseded by Derrick on Contract Law.

You cannot supersede an Act of Parliament! (unless another Act is issued or that one amended).

From Consumer Direct; -

"Warranties are basically a commitment to repair or replace defective parts within a specified time frame - usually 12 months for small electrical items. When this time is up, consumers are commonly told by shops that their responsibility is at an end and there is nothing further they can do. This is often not the case. The important point about warranties is that they should never seek to replace or take precedence over your statutory rights under the Sale of Goods Act, and even after your warranty has run out, you will still be protected by these rights which can run for up to 6 years after purchase.

Misinformation

The following statements are frequently made by retailers and are untrue:

• You can only return items if you have a valid, registered warranty
• No longer our responsibility, you’ll have to contact the manufacturer
• Your 12 month warranty has run out, nothing further we can do.
• We’ll have to send it off to the manufacturer, there will be a charge for repairs / parts / shipping etc."

Tozer, we have done this to death on another thread, so I am not going there again, you have your thoughts on the warranties, (which are not written in law and do not even have to be supplied), but do stop dissing the SoGA which consumers have a right to use and should be the first port of call!


.

Tozer

derrick wrote: »

SoGA can last up to 6 years,( to make a claim against the retailer), so unlikely they run out before any warranty!



You cannot supersede an Act of Parliament! (unless another Act is issued or that one amended).

From Consumer Direct; -

"Warranties are basically a commitment to repair or replace defective parts within a specified time frame - usually 12 months for small electrical items. When this time is up, consumers are commonly told by shops that their responsibility is at an end and there is nothing further they can do. This is often not the case. The important point about warranties is that they should never seek to replace or take precedence over your statutory rights under the Sale of Goods Act, and even after your warranty has run out, you will still be protected by these rights which can run for up to 6 years after purchase.

Misinformation

The following statements are frequently made by retailers and are untrue:

• You can only return items if you have a valid, registered warranty
• No longer our responsibility, you’ll have to contact the manufacturer
• Your 12 month warranty has run out, nothing further we can do.
• We’ll have to send it off to the manufacturer, there will be a charge for repairs / parts / shipping etc."

Tozer, we have done this to death on another thread, so I am not going there again, you have your thoughts on the warranties, (which are not written in law and do not even have to be supplied), but do stop dissing the SoGA which consumers have a right to use and should be the first port of call!


.

All such utter rubbish.

SOGA does not last for 6 years. There is no time limit which the goods must last for. It is the Limitation Act 1980 that refers to 6 years.

You are right that case law does not supersede statute. BUT IT IS A DIFFERENT ISSUE.

Yes we disagree. What are your qualifications or background to be able to spout all of this with such authority?