argos complaint any advice

derrick

hayley11 wrote: »

This isn't true, if Argos did stall and the 12 month warranty expired, that doesn't mean the OP wouldn't have any rights. The sale of goods act covers items up to 6 years, obviously not all items are covered for that whole time but electrical items should last a good while longer than 12 months.

Correct, also it doesn't matter when the warranty expires, as the complaint has been made within the duration of the warranty so cannot "run put of time".

crlee

thanks for replies, i am going to send a letter to head office will do it this week.

RE the model is exctly the same model and identical in all ways. Never checked for black spot on the back of the box.. bet there was one..

I know accepting a refund would be easy but couldn't get a similar one or eplacement without having to fork out another £30-40 i just want a working Sony Dab clock..

Tozer

derrick wrote: »

Correct, also it doesn't matter when the warranty expires, as the complaint has been made within the duration of the warranty so cannot "run put of time".

Not correct. The guarantee provided by Sony will contractually specify what needs to be done to register a complaint. The recourse against the retailer is different but in probability would not register as making a guarantee claim.

derrick

Tozer wrote: »

Not correct. The guarantee provided by Sony will contractually specify what needs to be done to register a complaint. The recourse against the retailer is different but in probability would not register as making a guarantee claim.

I am not going down this route with you again!

Under SoGA, irrespective of the warranty the consumer goes back to the retailer and the duration of the warranty is irrelevant.

Tozer

WRONG.

It is not a "warranty" but a "guarantee".

The guarantee will set out conditions which must be met for a claim under it to be effective.

READ WHAT I SAID - "The recourse against the retailer is different".

derrick

Tozer wrote: »

WRONG.

It is not a "warranty" but a "guarantee".

The guarantee will set out conditions which must be met for a claim under it to be effective.

READ WHAT I SAID - "The recourse against the retailer is different".

Every post on this thread relates to a "warranty" you brought guarantee into it!

I have tried to explain this to you before, but you won't listen, guaranties and warranties are basically the same animal, from WHICH; -
"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 "

From the dictionary; -
Warranty, Warrant ; guarantee ; authority ; a legal deed of security.

Guarantee, An undertaking by a third person that a covenant shall be observed by the contracting parties or by one of them ; one who binds himself to see the stipulations of another performed. (guaranteeing, guaranteed). To warrant ; to pledge oneself for.

And the easiest pace to get satisfaction is the retailer, the warranty/guarantee is in addition to statutory rights, (SoGA)! and therefore makes the length of it irrelevant, which was the point I was making before you jumped in with your,(irrelevant), ramblings.


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Tozer

Look at your definition of guarantee - that is exactly what Sony are providing!!!!!

There is a distinction in law between guarantees and warranties. Henc SOGA refers to implied warranties. These are contractual promises.

Sorry about my "ramblings" - hey at least they are from someone who is actually qualified to ramble in this manner. I don't think you ever did enlighten us where you got your legal training from????

Tozer

Oh and I am not disagreeing that the "easiest" place to get satisfaction is from the retailer. You, however, said that it was irrelevant to the guarantee terms when the complaint was made. That is simply wrong.

derrick

Tozer wrote: »

Look at your definition of guarantee - that is exactly what Sony are providing!!!!!

There is a distinction in law between guarantees and warranties. Henc SOGA refers to implied warranties. These are contractual promises.

Sorry about my "ramblings" - hey at least they are from someone who is actually qualified to ramble in this manner. I don't think you ever did enlighten us where you got your legal training from????

They are the same, (from the post; - "(guaranteeing, guaranteed). To warrant " not arguing that point any more, in terms of goods they will have the same end result, they are in ADDITION to statutory rights and do not even have to be given, as I said, you brought guarantees into this thread,why? every other post mentions warranty,(if you want to be so damn pedantic).

You really ought to read posts before commenting, I told you previously I, like a lot of others on here, have no legal qualifications, just layman's common sense. We have no proof you have qualifications, and with some of your comments on this forum I very much doubt you have!

Tozer wrote: »

Oh and I am not disagreeing that the "easiest" place to get satisfaction is from the retailer. You, however, said that it was irrelevant to the guarantee terms when the complaint was made. That is simply wrong.

No I didn't, read the post! I said; - "it doesn't matter when the warranty expires, as the complaint has been made within the duration of the warranty so cannot "run out of time". Which was in effect a response to reply #7, "I notice you say its 11 months old, assuming this product has the standard 12 months warranty, time is not on your side and Argos may be playing a stalling tactic,"
And I stand by that, they cannot "time out" if the complaint has been made before an expiry duration!


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Tozer

derrick wrote: »

They are the same, (from the post; - "(guaranteeing, guaranteed). To warrant " not arguing that point any more, in terms of goods they will have the same end result, they are in ADDITION to statutory rights and do not even have to be given, as I said, you brought guarantees into this thread,why? every other post mentions warranty,(if you want to be so damn pedantic).

You really ought to read posts before commenting, I told you previously I, like a lot of others on here, have no legal qualifications, just layman's common sense. We have no proof you have qualifications, and with some of your comments on this forum I very much doubt you have!



No I didn't, read the post! I said; - "it doesn't matter when the warranty expires, as the complaint has been made within the duration of the warranty so cannot "run out of time". Which was in effect a response to reply #7, "I notice you say its 11 months old, assuming this product has the standard 12 months warranty, time is not on your side and Argos may be playing a stalling tactic,"
And I stand by that, they cannot "time out" if the complaint has been made before an expiry duration!


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OK, as I said before, if I were to impersonate anyone, it certainly wouldn't be a lawyer. And just for the avoidance of doubt, I qualified as a solicitor in October 1997. :rotfl::rotfl::rotfl:

Warranties and guarantees are not the same. In fact, first term of law degree we actually had to write an essay on the distinctions between warranties, guarantees and indemnities.

You are not looking at the distinctions from a legal sense but from your own admitted lay person's perspective. With respect, you cannot then state something as factually correct which you clearly do not understand.

Warranties - something provided in the contract. SoGA implies certain warranties into certain contracts of sale.

The Guarantee here is something provided by the manufacturer. It is an alternative right. It may be available in situations where SoGA is not effective, SoGA may be available where the guarantee is not available.

It is ESSENTIAL that if the OP claims under the terms of the Guarantee, then the terms are complied with to ensure a remedy - in much the same way that an insurance policy requires claimants to comply with the terms of the policy. As the contract of guarantee is not with Argos, then notice must be provided to Sony.

Pretty simple to me.