Faulty Camcord

4743hudsonj

zxemzxem wrote: »

I tried to switch it on in the water, it did not work, I thought it may be out of power. After back room, I found water inside it. It was about 20 mins under water.

Ok so i cant see anything you have done to be user error.

Ok so under the Sale of goods act 1979, there are implied terms in a contract that state that goods should be fit for purpose, of satisfactory quality, free from minor defects etc etc. This protection lasts for upto 6 years and the actual applicable coverage is dependant on product, price etc (milk wont last 6 years! but a house should!). Now, in the first 6 months there is a "presumption" that the defect was inherent from manufacture and if you make a claim, the retailer must proove otherwise.

After these 6 months the burden of proof switches, and if you wish to make a claim (and the retailer requests it) you must prove that the fault is inherent. This can be done by evidence from the net on well known issues, maybe the manufacturer admits defect etc etc, but the most effective, and usually the only way to do this is an independent report that you pay for.

If this is in your favour then the retailer should provide you with a remedy. Repair/replace/refund (maybe partial dependant on expected life and usage to date without faults). This isnt either parties sole choice and as long as the remedy isnt "significantly inconvenient" or disproportionately costly its up to negotiation which remedy is best however alot seem to accept this as the retailers choice for simplicity(and that fact that it reduces conflicts).

If they dont play ball then its off to small claims to get your way. Consumer direct offer good template letters to send recorded delivery to get you a result.

You still havnt told me if you have contacted the manufacturer directly however, this would be a better port of call than SOGA.

zxemzxem

4743hudsonj wrote: »

Ok so i cant see anything you have done to be user error.

Ok so under the Sale of goods act 1979, there are implied terms in a contract that state that goods should be fit for purpose, of satisfactory quality, free from minor defects etc etc. This protection lasts for upto 6 years and the actual applicable coverage is dependant on product, price etc (milk wont last 6 years! but a house should!). Now, in the first 6 months there is a "presumption" that the defect was inherent from manufacture and if you make a claim, the retailer must proove othe rwise.

After these 6 months the burden of proof switches, and if you wish to make a claim (and the retailer requests it) you must prove that the fault is inherent. This can be done by evidence from the net on well known issues, maybe the manufacturer admits defect etc etc, but the most effective, and usually the only way to do this is an independent report that you pay for.

If this is in your favour then the retailer should provide you with a remedy. Repair/replace/refund (maybe partial dependant on expected life and usage to date without faults). This isnt either parties sole choice and as long as the remedy isnt "significantly inconvenient" or disproportionately costly its up to negotiation which remedy is best however alot seem to accept this as the retailers choice for simplicity(and that fact that it reduces conflicts).

If they dont play ball then its off to small claims to get your way. Consumer direct offer good template letters to send recorded delivery to get you a result.

You still havnt told me if you have contacted the manufacturer directly however, this would be a better port of call than SOGA.

Thanks for your reply, I bought it from simplyelectronics.net

I have already returned the camcorder to them, they said they got report from Sanyo Service Centre and this problem was not covered by standard warranty. I asked to see the report, they said they could not show it to me.