Sale of Goods Act and self imposed warranty periods (please look in and advise!)

CMG_2

Can anyone comment on where I stand on this one? I purchased some memory (RAM) for my PC in October 2009 - it was purchased as an "Ex-display" model.

The memory has become unstable so I raised an RMA and sent it back, the company authorised this return. They tested the memory and confirmed the that it was faulty and raised a new order for the replacement memory.

However, they will only replace the memory with some more ex-display memory, of which they do not currently have any "stock". They are still selling the same version of the non-ex-display memory.

I telephoned them to discuss that I felt it was irrelevant that the original memory was ex-display and that the product is faulty and therefore it should be replaced. They disagreed and stated that their open box products have a 90 day warranty period. The memory in question actually has a lifetime warranty (it's Crucial Ballistix memory).

Now they are saying that they should never have accepted the return as it was outside the 90 days and that they will return the memory to me so I can take it up with the manufacturer. I'm really not happy about this as I just want the memory to be replaced as sending it back to them has been enough hassle already. Furthermore, the price of the memory has almost doubled in the period and I suspect this is why they are not keen on offering a replacement - but again, I don't see how that is my problem.

If anyone has any advice on the matter I would be very grateful as they have said they will phone me back tomorrow morning and I want to be clear on what my rights are.

Thanks in advance,
CMG

Mankysteve

Crucial lifetime warranty will for the original purchasing only not for yourself so forget about that.

I suspect your right is refund or replacement of same value not a more expensive brand new one. They must either refund or replace within a time period thats not of significant inconvenience to the purchaser.

4743hudsonj

Mankysteve wrote: »

Crucial lifetime warranty will for the original purchasing only not for yourself so forget about that.

I suspect your right is refund or replacement of same value not a more expensive brand new one. They must either refund or replace within a time period thats not of significant inconvenience to the purchaser.

A replacement would strictly mean the same brand and model, if this is not viable, other methods must be used, ie partial refund. They cannot make a variation of these remedies.

OP, either way i highly doubt you will get a replacement as the law allows them to not choose a method if its disproportionately costly. You will in all likelihood get a refund.

CMG_2

Mankysteve wrote: »

Crucial lifetime warranty will for the original purchasing only not for yourself so forget about that.

I suspect your right is refund or replacement of same value not a more expensive brand new one. They must either refund or replace within a time period thats not of significant inconvenience to the purchaser.

I am the original purchaser, but the product had previously been 'on-display'. As far as I am concerned, it was sold, open box, but the product was as new.

Hintza

No it is second hand in my view.