Warranty on Warranty?

scottishminnie

I purchased a Morphy Richards kettle from local Tesco in July last year - in late November the handle split completely and the water leaked through. Tesco wouldn't entertain a refund/replacement so I contacted Morphy Richards direct. They replaced the kettle with a brand new one without any great hassle. The replacement has now developed a fault - the lid is jammed and will not open, filling through the spout is not an option as it simply wasn't designed that way.

I called Morphy Richards and explained the situation and they have declined the replace/repair the kettle. Their reasoning is that I have a kettle replaced under warranty, therefore I am not entitled to another. I've pointed out that I am still within the 12 month guarantee period however they are adamant this doesn't apply once you have had any kind of replacement.

Does anyone know if this is the case - I'm more than a little p****d off that a 12 month guarantee isn't for 12 months and that their kettles don't even last that long.

djb215

Under the Sale of Goods Act your contract lies with the retailer, Tesco, not Morphy Richards directly.

HOWEVER as they (Morphy Richards) have given you a replacement kettle directly, correct me if I'm wrong, but now you will have to deal with Morphy Richards directly.

Even if your replacement item has gone bust under SOGA you would be at least entitled to a repair/replacement as you are just approaching the 6 months SOGA cover, but with a further 6 months guarantee on your kettle you should be covered anyway.

Morphy Richards'/Tesco's T&Cs/Policies do not supercede your basic consumer rights.

Out of interest how much was the purchase price of the kettle? To be honest if it was < £30 I would call it lesson learnt not too buy a cheap Morphy Richards' kettle again, and letters to Morphy head office/consumer direct would probably cost more time and effort to send for a cheap kettle.

If you think you could do it, give Morphy Richards another try and mention that the replacement item is defective, and in conjuction with the Sale of Goods Act4 it is not of standard quality, therefore it is not fit for purpose.

Try it and let us know what happens.

PS Fellow MSEers, if I have made any mistakes please feel free to correct me NICELY :rotfl: I've seen pleanty of SOGA fight...er...debates on here to last me a lifetime :beer:

derrick

djb215 wrote: »

Even if your replacement item has gone bust under SOGA you would be at least entitled to a repair/replacement as you are just approaching the 6 months SOGA cover, but with a further 6 months guarantee on your kettle you should be covered anyway.

The "6 month rule" only applies once, i.e the guarantee does not start again with a replacement product, so the OP's 12 month warranty will expire in July this year, unless Morphy Richard stated a new 12 months would begin again!

OlliesDad

The consumer rights that the OP was against Tesco, anything that Morphy Richards did was contractual law, therefore the T's and c's apply.

This is why you should always demand for the retailer to do any work, not the manufacturer.

cattie

I'm not too sure what your kettle is like, but is it possible the lid is jammed because of scale? Only I live in a hard water area & my kettle lid often gets jammed because of this reason & I then soak some descaler around the rim of the lid to soften & remove it.

scottishminnie

djb215 wrote: »

Under the Sale of Goods Act your contract lies with the retailer, Tesco, not Morphy Richards directly.

HOWEVER as they (Morphy Richards) have given you a replacement kettle directly, correct me if I'm wrong, but now you will have to deal with Morphy Richards directly.

Even if your replacement item has gone bust under SOGA you would be at least entitled to a repair/replacement as you are just approaching the 6 months SOGA cover, but with a further 6 months guarantee on your kettle you should be covered anyway.

Morphy Richards'/Tesco's T&Cs/Policies do not supercede your basic consumer rights.

Out of interest how much was the purchase price of the kettle? To be honest if it was < £30 I would call it lesson learnt not too buy a cheap Morphy Richards' kettle again, and letters to Morphy head office/consumer direct would probably cost more time and effort to send for a cheap kettle.

If you think you could do it, give Morphy Richards another try and mention that the replacement item is defective, and in conjuction with the Sale of Goods Act4 it is not of standard quality, therefore it is not fit for purpose.

Try it and let us know what happens.

PS Fellow MSEers, if I have made any mistakes please feel free to correct me NICELY :rotfl: I've seen pleanty of SOGA fight...er...debates on here to last me a lifetime :beer:

The kettle was £45 hence the reason I'm less than impressed. Perhaps I was gullible to have allowed Tesco to fob me off the first time however when MR replaced it I expected I would still have some sort of guarantee until July 2009.

scottishminnie

cattie wrote: »

I'm not too sure what your kettle is like, but is it possible the lid is jammed because of scale? Only I live in a hard water area & my kettle lid often gets jammed because of this reason & I then soak some descaler around the rim of the lid to soften & remove it.

There's no hard water or limescale in our area so that isn't the issue. The adviser at Morphy Richards admitted this does happen from time to time but insisted I'd had my money's worth with one replacement

scottishminnie

Thanks all. I've had 2 attempts now and been met with indifference the first time and rudeness the second time that I should try to claim something which I wasn't entitled to. I've prepared a letter to their MD and I certainly won't purchase any other Morphy Richards products.
I'll also be aware though that Tesco must deal with things if they are within the warranty period - they simply sent me packing when I went back to them with the first fault.
Lesson learned!

derrick

scottishminnie wrote: »

Thanks all. I've had 2 attempts now and been met with indifference the first time and rudeness the second time that I should try to claim something which I wasn't entitled to. I've prepared a letter to their MD and I certainly won't purchase any other Morphy Richards products.
I'll also be aware though that Tesco must deal with things if they are within the warranty period - they simply sent me packing when I went back to them with the first fault.
Lesson learned!

If it was me I would go back to Tesco,(they still have liability, T&Cs cannot take away statutory rights), and inform them that you took their advice the first time and went to MR, but under the SoGA Tesco are responsible for the product that they sold you and you want redress.