Fuji S6500 Faulty camera 2.5 years old SOGA applicable?

pault123

Morning,

My Fuji camera decided to break last night and overexposes all the pictures. Regardless how I set the aperture or white balance, they are coming out very white with extreme highlights. Done the usual factory reset, reseat batteries etc to no avail.

Bought from Currys who gave me a 1 year warranty. Fuji give a 2 year warranty.

Heres the crux.

This camera was orginally replaced after 30 days for a brand new one, after the first one Currys supplied developed exactly the same fault. I think I have the receipt to show this exchange.

I understand for the SOGA to be applicable for 2-6 years I need to prove the item was faulty all along? Would the exchange for same fault give me any sway in stating the batch from there was faulty and I can get an exchange/creditnote or refund?

Thanks Paul

Leo2020

You don't need to prove that it was faulty all along. You could claim that the camera has not lasted a reasonable amount of time.

It is very unlikely that Currys would offer you a full refund because you have had 2 and half years use out of it. They might offer a partial refund or repair. Possibly a replacement if it was cheaper to replace than repair or refund (when a retailer offers a remedy to faulty goods they can take into consideration how cost effect the remedy is).

The previous fault with the original camera might add weight to your claim but you still need to provide evidence of the current fault. Most likely Currys will ask you to provide an engineer's report outlining the fault with the camera, it's cause and the cost of repair.


How much was paid for the camera? If it was a cheap camera 2.5 years would probably been deemed a reasonable amount of time for it to last.

savemoney

Incorrect advice you do have to prove

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)
• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

Leo2020

I said they didn't have to prove inherent fault they could claim that it hadn't lasted a reasonable amount of time.

I also said "but you still need to provide evidence of the current fault." I.E. they will still need to provide evidence that the camera has lasted an unreasonable amount of time.


Sorry if I didn't make myself clear enough.

pault123

Camera cost just short of £200. So I would expect it to last at least 4-5 years but thats just my humble opinion.

I may return it based on durability then The sole purpose of a camera is to take pictures and the camera is now not fit for purpose?

The fault can be demonstrated to anyone by simply taking a picture and looking how bad it comes out on the viewfinder.

woody01

You don't need to prove that it was faulty all along. You could claim that the camera has not lasted a reasonable amount of time.

Sorry but....wrong!
You need to prove the fault was inherent after a 6 month period.
During the first 6 months the onus is however on the supplier.

I said they didn't have to prove inherent fault they could claim that it hadn't lasted a reasonable amount of time.

If in their opinion it did last a 'reasonable' amount of time, then what?
You cannot force them to do anything after this long.

I seriously even doubt a court would side with the OP.

they will still need to provide evidence that the camera has lasted an unreasonable amount of time.

Incorrect also.
The onus is on the OP to prove it isn't a reasonable amount of time.
The supplier of the camera has to prove diddly-squat after the first six months are up.

Leo2020

Yes, I agree the onus here is on the customer. Obviously my post didn't make it clear enough. I was trying to dispute what they had to prove. The customer thought they could only prove inherent fault. But they could try to prove it had not lasted a reasonable amount of time or as some put it - that it had failed prematurely.

However, I agree with woody01, if they disagree with you on what is reasonable then your stuck unless you take them to court. But proving that something is inherently faulty is very difficult.

But since my first two posts I now know the price.

For the price of the camera I would say three years is reasonable. I also know, as I used to work for the DSG contact centre, that they have something called a depreciated credit calculator. And for a £200 item they would also consider three years reasonable.

Therefore, if they were to offer a partial refund, you wouldn't get much back as you have had 2 and half years use. And knowing Currys, that is probably what they will offer. However, to offer this they will ask for an engineer's report. Which they will refund the cost of if your claim is valid, however, you need to ask yourself whether it is worth the time bothering.

Personally, I do not think it is gonna be worth your time for the little you will get back. However, if it was a more expensive camera then it would probably be worth it.

pault123

Well Curry's shop wouldn't do anything about it, so next step is sending an email to their head office!

Any things to include in the email would be much appriciated!

savemoney

Write to them by recorded delivery

Esqui

pault123 wrote: »

Well Curry's shop wouldn't do anything about it, so next step is sending an email to their head office!

Any things to include in the email would be much appriciated!

"couldn't" is the word. Us people in the stores have no way of booking out-of-warranty repairs. Even if we wanted to. I think there's two reasons for this:
i) We don't have the authority to make the judgement as to whether the product falls foul of the applicable laws on the company's behalf
ii) To stop less scrupulous people getting all their things repaired for free, however old/deliberately damaged they are

Leo2020

I would skip recorded delivery for now because at this stage they will give the standard response of asking for an engineer's report. And if your emailing you will have it in writing anyway and Currys store copies of emails.

It is a waste of time writing to head office because no one in head office deals with them. They just get forwarded onto the call centre in Sheffield.

I would write an email stating that you would like to make a claim under the Sale of Goods Act. Advise them that you feel the camera has failed prematurely and you would like for them to provide a remedy. Give them the details of the camera as below:

Make and Model
Price Paid
Date of Purchase
Store of Purchase
Receipt Number

They will then send an email back telling you to send a report to them outlining the fault, the fault's cause and an estimate for repair.