Repair or Replace: What is considered "significant" inconvenience?

chimpangie

I've got a Tom Tom that I purchased from Curry's in July 2010 that is consistently having problems - mainly not receiving a GPS signal which is the main job that it's supposed to perform!

I have attempted to return it to Curry's for a REPLACEMENT, not a refund, under what I thought was my rights under the Sale of Goods Act, but they have refused. They are saying they will only be able to send it away for repair which can take up to 28 days.

According to the Sale of Goods Act, I am entitled to a replacement if a repair would cause significant inconvenience. Who decides on the definition of significant inconvenience? I am a sales manager who is on the road visiting customers 4-5 days a week, and therefore need a GPS to be able to do my job. Being without it for 28 days is therefore a significant inconvenience in my opinion, but this opinion is not shared by Currys.

Do I have any recourse to be able to demand a replacement? Or do I have to use a map (as suggested by the very helpful Currys sales assistant) for the next month while they "repair" it?

zenseeker

People used to manage to find places before Satnav came along, they used something called an A-Z Road Atlas, road signs or you could use the online AA Route Finder in the mean time

http://www.theaa.com/route-planner/index.jsp

So no, not having a Satnav isn't what I'd call a "significant inconvenience", just stop being lazy and go old school for a few weeks.

StumpyPumpy

IANAL but...
I think waiting 3 months before claiming an electrical consumer item is not fit for purpose (hence SOG act) is probably not going to get anywhere. What Currys have done is agreed to get it fixed/replaced under warranty, which I think is perfectly reasonable. (fixed/replaced in this context means that the warranty company decides which they wish to do - not you)
If a SatNav is so critical to your job, have you a) asked your company to buy you one, or b) considered renting one (about 30 quid a month) while yours is away for repair)

chimpangie

Unhelpful AND offensive; you've outdone yourself zenseeker, your mother must be proud.


StumpyPumpy - The SOG act actually states that within the first 6 months, it is assumed the goods were sold faulty, so it's not unreasonable to expect a replacement after 3 months. My company has already paid for this one, but I didn't realise you could rent one, thanks for the suggestion. It still means I (or my company) will be out of pocket though, which is not ideal and definitely still an inconvenience.

StumpyPumpy

From Which?

You have the right to get a faulty item replaced or repaired, if you're happy with this (or if it's too late to reject it). You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.
Under the Sale of Goods Act, the retailer must either repair or replace the goods 'within a reasonable time but without causing significant inconvenience'. If the seller doesn't do this, you are entitled to claim either:

• reduction on the purchase price, or
• your money back, minus an amount for the usage you've had of the goods (called 'recision').

If the retailer refuses to repair the goods, you may have the right to arrange for someone else to repair it, and then claim compensation from the retailer for the cost of doing this.

They way I read this is that you cannot "demand" they give you a replacement under SOG after 28 days. You can only ask that they fix it in whichever way is the cheapest for them.

Sooler

get a refund and but a new one or use a map

zenseeker

chimpangie wrote: »

Unhelpful AND offensive; you've outdone yourself zenseeker, your mother must be proud.

Actually my Mother is dead, thanks for being sensitive.

Nothing in my post is offensive, it's practical. The OP is being ridiculous full stop. Saying that being without a Satnav is a "Significant Inconvenience" is one of the stupidest things that I have ever heard, how the hell does he think people coped a few years ago?

Just shows how lazy and useless society has become, God help the future.

bribrian

zenseeker wrote: »

Saying that being without a Satnav is a "Significant Inconvenience" is one of the stupidest things that I have ever heard, how the hell does he think people coped a few years ago?

Just shows how lazy and useless society has become, God help the future.

People coped a few years ago without electricity, running water, flushing loos etc so would loosing the use of these not be deemed 'significant inconvenience'..?..... (it's called progression)

As for the OP, lesson number one, don't shop in Curry's...........

mandyt12

zenseeker wrote: »

Actually my Mother is dead, thanks for being sensitive.

Nothing in my post is offensive, it's practical. The OP is being ridiculous full stop. Saying that being without a Satnav is a "Significant Inconvenience" is one of the stupidest things that I have ever heard, how the hell does he think people coped a few years ago?

Just shows how lazy and useless society has become, God help the future.

Actually i agree with the OP that your post is offensive, they asked for help and advice not an abusive reply about being lazy. I too am a sales manager and travel approx 700 miles per week, and whilst I could use a map book, it is impractical to do so in my experience.. Lazy doesn't come in to the equation.

sootyfaestoney

hello there everybody,
sorry to jump on your thread, but i have tried to find one that suits my question, but failed to find out how to start a new one, so i have to piggyback on this one which is close to my problem.
I just bought a bike from halfords and picked it up 24hrs ago. I took it out when i got it home and the chain came of about 4 times in 10 mins. I took it back to the shop and the store manager refused to give me a refund, saying that he will repair it as it is a fault with the bearing in the wheel, not a breakage, but this was present when i bought the bike as the mechanic who looked at the bike said it was not working properly, is this not an inherant fault.
so i said it was not fit for purpose and could i get my money back, he refused saying he would repair it. I again said but it was not fit for purpose and he said it was, so i asked if it would last the 15miles home and he said yes once it was repaired.I live in scotland so there might be different rules. I would appreciate a quick reply if poss before I phone their customer service desk.so as to have ammo for the battle as it were.
sorry again but thanks for your time.
sooty