Comet - do they know the law?

Lord_Snooty

Purchased a PC base unit from Comet on line and it was delivered 1 month ago. A couple of weeks ago, the monitor started flickering then a few days ago, the display completely went. I'm good technically and managed to establish that it was the VGA connection on the PC at fault. Comet direct you to initially contact the Manufacturer, which I did (16 mins on the phone to a foreign callcentre, naturally), and they stated it would take 5 days to collect then up to 28 days to repair, depending on parts. This isn't acceptable, in my view, for a business PC - so I phoned Comet who told me that it is the Manufacturers responsibility, not Comet's, and that I would have to let the Manufacturer repair it. I explained that this wasn't acceptable and that I wanted an immediate replacement in-store, or a refund. This was refused, on the basis that I had contacted them 30 days after delivery and that legally I should have contacted them within 28 days and I was re-referred to the Manufacturer. I asked for a Supervisor's call to discuss and this was agreed - but this never happened. My complaint letter has, so far, been ignored. Am I right in my request?

Halloway

Lord_Snooty wrote: »

Am I right in my request?

Yes but only to a certain extent. You are correct that the onus is on Comet to organise a repair and not fob you off to the manufacturer. I am fairly sure that Comet don't have repair facilities so all they would be doing is sending the item to the manufacturer anyway so it could be argued from a practical viewpoint that you might as well deal directly with the manufacturer anyway.

Where I disagree with you is your statement that the timescales are not acceptable 'for a business PC'. The timescales proposed by Comet seem reasonable, if inconvenient. If the PC is a crucial business tool then you really need on on-site, next-day repair warranty.

Proc

A few years ago I was a Store Manager for one of the large mobile phone retailers. We used to often get people come in with the whole "I'm looking for a business phone, I'm a very important business man". We would offer a business package with extended warranty, next day delivery if faulty handset, UK based call center, etc etc. Would they take it? No, they'd take the standard (slightly cheaper) personal packages. Sure enough, if the phones went wrong, and they played the "!!!!!! this is a business phone fix it now blah blah" record, we'd explain in the nicest possible way that they shouldn't have been such a cheapskate up front.

Not sure why I'm going of on such a tangent, but basically the fact that it's used for business doesn't change your rights, but you'd probably be easier holding comet accountable and asking them to deal with the repair etc. They'll also be able to keep a record of faults etc, so if the same problem happens in the future they may be more likely to exchange it if they can see a history of faults.

Lord_Snooty

Thanks very much. Didn't mean to sound 'precious' about it being a business PC, just to explain why I can't be laid-back about Comet's behaviour. But.....what I would like to know is whether they have the right to refuse an immediate replacement from stock or a refund rather than repair? After all, this PC is fairly new so the fault would probably have been present at point of sale. I can't remember reading about only being entitled to a refund within 28 days?

Halloway

There's no legal stipulation that 28 days is the cut off point. SOGA is characteristically vague about the length of time after purchase in which you are entitled to a replacement or refund and it seems to vary depending on the item purchased. The fact that you got 2 weeks fault-free operation from the computer seriously weakens your position in this respect.

derrick

Section 48B of the Sale of Goods Act 1979 state; - " (2) If the buyer requires the seller to repair or replace the goods, the seller must—
(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).


Now whilst "reasonable time" is not quantified, I would suggest that 28 days is not reasonable under the Act.

Nilrem

28 days would be reasonable for some things, for others definitely not.

For example if it was a proprietary, hard to access/remove part that needed to be sourced and replaced it would be reasonable.
For a computer which will be using standard, easy to swap in/out parts I'd say it was a bit long, especially for a machine that is only weeks old (and indeed they probably have the same models in stock).

gregg1

derrick wrote: »

Section 48B of the Sale of Goods Act 1979 state; - " (2) If the buyer requires the seller to repair or replace the goods, the seller must—
(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).


Now whilst "reasonable time" is not quantified, I would suggest that 28 days is not reasonable under the Act.

Have had to take advice this afternoon on something similar and was informed by the Government consumer advice service (cant remember what it is called) that actually you are not even entitled to a replacement after 28 days on many items even if the item is faulty and have to allow the company to repair it 3 times before you are legally eligible for a full refund. We bought a sat nav 30 days ago and it has packed up completely. Paid £200 for it but, as it went wrong after the 2 week period we are not entitled to a refund and the fact that it is after the 28 day period, we were not eligible for a replacement either, just a repair.

Have been lucky as the company has agreed as a gesture of goodwill to replace the item for us but nevertheless, I was a little shocked to say the least that somethings costing 200 quid would not be eligible for a refund or replacement under the circumstances.

hollydays

Wasn't Halfords by any chance..?

KeithP

gregg1 wrote: »

Have had to take advice this afternoon on something similar and was informed by the Government consumer advice service (cant remember what it is called) that actually you are not even entitled to a replacement after 28 days on many items even if the item is faulty and have to allow the company to repair it 3 times before you are legally eligible for a full refund. We bought a sat nav 30 days ago and it has packed up completely. Paid £200 for it but, as it went wrong after the 2 week period we are not entitled to a refund and the fact that it is after the 28 day period, we were not eligible for a replacement either, just a repair.

Have been lucky as the company has agreed as a gesture of goodwill to replace the item for us but nevertheless, I was a little shocked to say the least that somethings costing 200 quid would not be eligible for a refund or replacement under the circumstances.

Ok, it may work out best for you, but please don't think they are doing you much of a favour.
I wouldn't mind betting that its actually cheaper for them to replace it rather than try a repair.
:beer:

PNPSUKNET

computers come with a return to base warranty, if you went to trading standards they would advice as per above that they have 3 attempts to repair before you can refuse. If you bought a consumer machine then you would be tied to the consumer turn around