SOGA technical question - Interdependent goods

corporate-eye

Hi there everyone.

This is an interesting question and I havent been able to find any answers online.

I purchased a hifi about 6 months ago. It was a seperates system which means it comprises seperate units- a CD player, a radio and an amplifier. It was VERY expensive, over £3,000 (music is a passion of mine) from a specialist shop.

The CD player started playing some time ago and I send the unit back to the manufacturer for three weeks for it to be "repaired". I have since had it back about a month and the same issues have come back again.

I then did some research online to find out that this is a widespread problem with these CD units, like the XBOX 360 farce, basically they should never have released it.

I am now in a difficult position. I have no faith whatsoever in the manufacturers ability to repair the CD player. I don't think it can actually be repaired properly. I can provide anecdotal evidence that this is a widespread issue. I also have video of the player breaking down before AND after it's three week "repair".

Maybe I could get a refund on the CD player, but there in lies the issue:

a) I do not want a three component hifi with different looking parts. It's on show in my living room and I want it to look smart i.e. all the components being of a similar "set".

b) The whole point of hifi at this price range is that units have to be matched very carefully to achieve a degree of synergy and tonal balance. You can't just switch out different bits of kit: the amp, speakers and CD player have to work as a whole.

Each of the components were purchased at the same time in the same transaction after lots of demos, but were priced seperatetly (they appear on the receipt as seperate items) with their own prices. They were sold as a "deal" i.e. I received a discount for getting them all together.

I have a sneaking feeling that if I complain for my money back I will be told I can only get the cash back on the CD player and because the other bits work ok I have to live with them. Not fair at all. Not what I wanted, what I bargained for, what I agreed to or what I anticipated.

Are there any provisions for interdependent items like this under SOGA? I want to know my rights before I start to negotiate with them. As a sweetner I'm prepared to accept a credit note for a different WHOLE system from the same retailer. Surely this is fair?

Tozer

Firstly, remember your SOGA rights are against the retailer, not manufacturer.

As you bought the items together, then you would be rejecting the system rather than the individual item. I would query whether you may have lost the right to reject the system due to the time that has elapsed but it is certainly worth pursuing.

If you paid by credit card, you will have the joint and several rights against the card issuer.

corporate-eye

Just to make it clear this is an intermittent issue, which is why I didnt report is straight away.

Esqui

I don't think the retailer has any liability for the other, working separates. They have sold you these other items, and they are working, which fulfils their obligations. If they do replace the whole thing, it'll be out of their own goodwill.

Tozer

Esqui wrote: »

I don't think the retailer has any liability for the other, working separates. They have sold you these other items, and they are working, which fulfils their obligations. If they do replace the whole thing, it'll be out of their own goodwill.

Not sure I agree. I would argue that the system was one contract (a little bit like buying a table with matching chairs) and that because a fundamental part of the system does not work, then the system as a whole could be rejected.

Hintza

Just to look at it from a different perspective. Surely if the manufacturer is haviong problems (lots of returns) they will be trying to find the problem, get the supplier of that part to either remanufacture or else be looking for a new supplier for that part.

Especailly at that sort of money they can not afford for their name to dragged through the mud.

So my point being is it worth talking to them to see what they are doing and will they be coming up either with a proper fix or new player in the near future?

stuvee02

I agree with Tozer; it's efectively been bought as one item - a complete set.

If OP had bought separates of different makes and styles the shop could argue that there is no consistency in the styling therefore returning and replacing the CD player with another would not be an issue. The length of time might make it a sticking point for the retailer though the fact that it has been repaired and the fault has returned might give some weight to a claim.

If you talk nicely with the retailer and explain the problem they might agree to exchanging the whole set for another with payment or refund for the balance. They would in turn return it to the manufacturer and that would give the manufacturer food for thought producing inherently faulty parts. At the very least the retailer might help fight your corner with the manufacturer.

Let us know how it goes?

Stu