Broken MP3 player, am I entitled to a repair?

Zetetic

Hi, hoping someone can help. I bought a Sansa clip MP3 player at the start of June this year. Recently the clip on the back of it broke. The clip is simply to clip the player onto clothing. I haven't misused it or done anything excessive to cause it to break. I also have another player that I bought earlier with a clip that hasn't broken so as far as I can tell this one was inherently weak. Long story short the retailer doesn't want to know as it's claiming that Sansa only classes the clip as an acessory and isn't covered by any warranty. I have looked at the Sales of Goods act but I'm still not clear as to whether I actually have a right to have the clip repaired or replaced. Any thougths on the situation and what my next steps should be would be greatly appreciated. A transcript of emails is below...




[FONT=&quot]Dear Mark,

Many thanks for getting back to us.

The clip is infact stated as an accessory by Sansa and is not covered by warranty. Although it was purchased as a package it is still an accessory.

As Sansa are the manufacturers of the product and if they state the item is not covered by warranty, then it is not covered. We follow the same warranty structure as the manufacturers.

Thanks

To respond to this email, please kindly reply leaving the subject title intact with the reference [EID/MzE4MTYvOQ==] present.

Warmest regards,
Harvey
Kikatek Customer Support Team
sales@kikatek.com[/FONT][FONT=&quot]
[/FONT][FONT=&quot]
__________________________________________________________________________________________

[/FONT][FONT=&quot]Hi,

I understand that this may be Sansa's opinion of this matter however I do not belive they have justification to make that claim. The clip is not an accessory. It was not bought seperatley from the [/FONT][FONT=&quot]player. It was part of the whole package and, although I cannot be one hundred percent sure on this, I believe it was already attached to the player.

Regardless of this whether it is an accessory or not is irrelevant. The player and the clip are still covered under the The Sale of Goods Act 1979 which requires goods to be of a satisfactory quality and fit to do the job intended for them. This clips fails this as it has an inherrant weakness that has caused it to break. It is clear that this fault is not across the whole range as I have a second Sansa Clip player which has not failed, even though it has had equal use. A friend of mine also has one, bought on reccomendation from myself, that has not failed. Therefore I see no issue with the majority of the players. Unfortunately it would appear that this one unit that I was sold was not up to a satisfactory standard.

I understand that you have pursued Sansa regarding this matter however it is with yourselves as the retailer that is responsible for the product sold to me as I purchased from yourselves not Sansa.

I am only seeking a replacement for the faulty clip and I believe that this issue can be resolved amicably.

Regards
Mark [/FONT][FONT=&quot]
__________________________________________________________________________________________

Dear Mark,

I have proceeded with an RMA for the item, however, I have just heard back from Sansa who have informed me that the actual clip is not under warranty because it is an accessory, therfore, the RMA request has been rejected.

You maybe able to purchase the clip seperatly but as yet I cannot seem to find this anywhere. Sansa have suggessted using an arm band instead if the clip is unavaliable.

I hope this helps.

Thanks

Kikatek Customer Support
[/FONT][FONT=&quot]
_____________________________________________________________________________

Dear Mark,

I have contacted the manufacturer and am awaiting a reply. I should hear whether or not they will RMA the item within 1 or 2 business days.

Thanks

To respond to this email, please kindly reply leaving the subject title intact with the reference [EID/MzA5MTcvMA==] present.

Warmest regards,
Harvey
Kikatek Customer Support Team
sales@kikatek.com[/FONT][FONT=&quot]

___________________________________________________________________________


Hi,

I have still not received a reply regarding my last email. Can you please update me as to my next steps for returning my Sansa Clip player with the faulty clasp.

Regards
Mark


Hi

I'm not sure if this is the serial you're after but the number on the bottom of the player reads: BI0904BLQK-8GB. There's no other numbers on it.

Regards
Mark [/FONT]

[FONT=&quot] [/FONT]

[FONT=&quot]

[/FONT][FONT=&quot]Dear Mark,

Could you please provide us with the serial number of the unit. We can then proceed with the RMA.

Thanks

To respond to this email, please kindly reply leaving the subject title intact with the reference [EID/MzA5MTcvMA==] present.

Warmest regards,
Harvey
Kikatek Customer Support Team
sales@kikatek.com[/FONT][FONT=&quot]


___________________________________________________________________________

Hi,

Thank you for your reply however as I bought the Sansa Clip from yourselves I would like to return it to you for repair or replacement. Can you reply with the details to do this and whether you will want just the player itself or with the ancillaries that came with it?

Regards
Mark [/FONT]

[FONT=&quot] [/FONT]

[FONT=&quot]Date: Mon, 30 Nov 2009 11:52:52 +0000
To: zetetic******************
Subject: RE: [EID/MzA5MTcvMA==] Re Order 182017 8GB Sansa Clip
From: sales@kikatek.com

[/FONT][FONT=&quot]Dear Mark,

Many thanks for contacting us.

You can contact SanDisk directly and proceed with an RMA for repair/replacement with them.

You can contact them on 1(44) 207-3654-193

Thanks

To respond to this email, please kindly reply leaving the subject title intact with the reference [EID/MzA5MTcvMA==] present.

Warmest regards,
Harvey
Kikatek Customer Support Team
sales@kikatek.com[/FONT]

olly300

How much was the player?

There is nothing stopping you from threatening to take the retailer to court to repair or replace the MP3 player.

I suggest you send them a recorded delivery letter stating that they need to repair or replace the clip under the SOGA, and telling you to go to the manufacturer is not good enough. (Refer to your emails to make it clear that the event happened under 6 months) Inform them if you don't hear from them within 28 days with their address to return the goods to and a confirmation they will sort out the repair you will start court proceedings against them. In addition you will report them to Trading Standards for breach of the SOGA.

After 21 days send them a reminder giving them 7 days notice of intended court action. Send this notice by special delivery.

Trading Standards - http://www.tradingstandards.gov.uk/put in the post code of the retailer and email their local branch.

Zetetic

Hi, cheers for the reply. The player was £49.59, so mid range not a cheapo. I'm hoping to keep the court threat as a last resort.

I'm also trying to understand exactly what the retailer's obligation is under the SOGA. I know as I bought it from them I don't need to deal with the manufacturer and that as it's broken within 6 months I'm on a lot more firmer ground.
Is it the actual retailer that would have to prove that the player wasn't faulty when sold to me? Are Kikatek obligated to repair it or replace it? Also I bought it using a credit card. Does the section 75 protection apply here?


thanks
Mark

Optimist

Section 75 wont cover for anything costing less than £100.

I notice the dates of the mails are in November. I would stop messing about and tell them the contract is with them not the manufacturer Give them 14 days to replace/repair or your taking them to court if they haven't sorted it out, then be prepared to do it,

A very easy to do and the odds are they will sort it once they get the court papers. Not worth defending for that amount

neilmcl

I don't know how the manufacturer can claim that the clip part is an accessory as it's an integral part of the design of the mp3 itself. After all it is called the Sansa Clip for a reason :rolleyes:.

The SOGA determines an inherent fault as the following:

A fault present at the time of purchase. Examples are:
• an error in design so that a product is manufactured incorrectly
• an error in manufacturing where a faulty component was inserted.
The "fault" may not become apparent immediately but it was there at the time of sale and so the product was not of satisfactory standard.

I would have thought the first part would apply.

The difficulty arises when it comes to proving this though. As I assume the player is over 6 months old then the onus is on you to prove this is an inherent fault and that usually entails getting an engineers report done. For an item worth only £50 I'd would suggest this wouldn't be worthwhile.

If I were you, accept the loss and vote with your feet by never buying from the retailer and Sansa again. I'd also contact Sansa directly to voice your displeasure.

Zetetic

neilmcl wrote: »

The difficulty arises when it comes to proving this though. As I assume the player is over 6 months old then the onus is on you to prove this is an inherent fault and that usually entails getting an engineers report done. For an item worth only £50 I'd would suggest this wouldn't be worthwhile.

Fortunately it was less than 6 months old when I first made contacted Kikatek re the problem so the onus will be on them.

Thanks for the other replies. Looks like I'll be heading for the court route. They've had ample opportunity now.

SarahMoon

You could always claim under section 56 of the consumer credit act, As when the OP bought the product it was to have an MP3 player to clip onto his clothing, Retailer offered said product.