Problem with Scan.co.uk and Warranty Issue

Esqui

One thing people seem to be missing is not just the fact that the repair must be completed within a reasonable time, but also 'without causing significant inconvenience'.

cleo1299

ex.astris wrote: »

It's worth noting that your purchase from Scan may not fall under SOGA, it may fall under the Distance Selling regulations, so you need to check the smallprint.

All purchases are covered by the Sale of Goods Act. The Distance Selling regulations apply (in addition) to some purchases, including online purchases. But what is it in the Distance Selling regulations that you think could help in this case?

However, 'reasonable amount of time' is meant to infer a time period that a consumer should be prepared to wait, but it should also not overly inconvenience the consumer. So for example, if you had an internet business and your PC blew up, it clearly isn't a reasonable amount of time to wait at twelve weeks. Even To compare, DSGi (PC World, Currys etc) has an absolute maximum of 6 weeks, sometimes 4 weeks, depending on the circumstances, so 12 seems excessive.

But would a court consider it excessive, that's the question.

The big problem about consumer protection legislation (in my opinion) is that often it can't do what the consumer would like it to do and what seems as if it would be fair. In this case, the OP would like his motherboard to be repaired or replaced immediately, and that seems like it would be fair, but the law doesn't provide a way to make that happen. All he can do under consumer protection law is go to court, which would probably take longer than the repair/replacement, and he can't be sure he would win. It seems unfair, but on the other hand, the retailer and the manufacturer also have rights. That's why it takes so long, and that's why the law doesn't spell out exactly what is a "reasonable time" -- it depends on the circumstances, so all parties have to be given a chance to put their side in court.

As to what cleo1299 mentioned, I'm fairly certain (although I'll need to check later) that if a manufacturer offers 3 years warranty, the retailer cannot say 'we only offer 12 months, then it's not our responsibility'. They are responsible for the item, although they are within their rights to get the item repaired or replaced by the manufacturer - they don't have to do this themselves - providing it is still done within the 'reasonable time frame'.

Three different levels of protection:

- the Sale of Goods Act, for which the retailer is liable and continues to be liable

- the one-year retailer's warranty; the retailer is liable for the protection offered under this warranty ONLY until it expires

- the three-year manufacturer's warranty; the manufacturer is liable for the protection offered under this warranty ONLY until it expires.

So, yes, the retailer continues to be liable, but ONLY for the protection offered by the Sale of Goods Act. Not for the protection offered by the retailer's warranty, or the manufacturer's warranty.

Confusing, I know.

cleo1299

The_Pedant wrote: »

Would it not be a case though that yes, you have rights under SoGA, but we all know the 'fun' of proving the relevant points can be. As the item is outside a year, you could have a bit of an uphill battle and ultimately could they simply ofter a partial refund, based on your use to date?

Additionally, as the motherboard is outside of Scan's warranty period & therefore would your only recourse not be through the manufacturer's 3 year warranty?.

[Open question to folks here, but is it the seller's responsibility to honour a manufacturer's warranty once you are outside any stated store warranty etc? ]

In such a case aren't Scan simply acting as an intermediary? If you a case had to be pinned on anyone, I would have thought it would be against the manufacturer?

Just thought I'd throw those thoughts into the pot.

Yep, I agree with what you say.

cleo1299

Esqui wrote: »

One thing people seem to be missing is not just the fact that the repair must be completed within a reasonable time, but also 'without causing significant inconvenience'.

Unfortunately "significant inconvenience" is another of those phrases whose exact meaning is not certain until you get to court.

Esqui

Aye, I was going to say how it could occur in this case, but then I realised there's pretty easy access to other computers (e.g. local library) to make any inconvenience minimised.

EDIT: BTW, that doesn't mean "Stop moaning, use another computer"

cleo1299

Stonefox - one more suggestion. It might be worth seeing if the manufacturer has a forum, and if so, post there about the delay. If there's a forum, and a rep from the manufacturer reads the forum, they might be able to speed things up.

For instance, the Gigabyte forum is at http://forum.giga-byte.co.uk/index.php. (I don't know if your motherboard is from Gigabyte, I just mention them because they're known to have a 3-year warranty and I happen to know about their forum.)