Orange, defective goods and SOGASA1982

grumbler

NFH wrote: »

... Supply of Goods and Services Act 1982. It is reasonable to expect the goods to be sufficiently durable to remain of satisfactory quality for the duration of the services.

I am no expert, but I think this is arguable.
Firstly, I can be missing something, but I cannot find the highlighted wording anywhere.

Secondly, the service in question is often being sold without any goods. As a result, an interpretation is possible that if some goods are sold with the contract for this service, the goods are not an essential part of the contract for the service. Like, for example, some companies offer cheap appliances for signing up to their services.

I've got a Personal Video Recorder recently for signing up to some bookie and placing a bet. Can I expect this PVR to last as long as I use this bookie for gambling?

Also, the airtime contract has a minimum term, but doesn't expire automatically. It wouldn't be reasonable to expect the network to repair/replace the phone for free infinitely while I keep using the service.

NFH

grumbler wrote: »

I am no expert, but I think this is arguable.
Firstly, I can be missing something, but I cannot find the highlighted wording anywhere.

My words were not quoting word-for-word from the act, but it does say that goods should be durable. Where the goods are sold together with a service, then it would be reasonable to expect the goods to remain free from defects for the duration of the service.

grumbler wrote: »

Secondly, the service in question is often being sold without any goods.

Not true in this case. The goods are sold at the price paid only when the service is also purchased and the goods are sold for the purpose of being used with the service. Orange's splitting of the agreement into two contracts is irrelevant.

grumbler

NFH wrote: »

The goods are sold at the price paid only when the service is also purchased

Yes.
mobiles.co.uk (a dealer) offer free gifts (tv, ps3, ipod, xbox) if you buy a phone contract.
The goods are sold at £0.00 only when the service is purchased.

and the goods are sold for the purpose of being used with the service. Orange's splitting of the agreement into two contracts is irrelevant.

Both statements are arguable.
Even if the goods are sold for the purpose of being used with the service, this doesn't meant that the service is sold for the purpose of being used with these goods only. Sky tv cannot be used without Sky box. Mobile airtime can be used with any handset.

robt_2

I wish I had this much time to waste on headphones which are under £6 to replace from Amazon.

gjchester

NFH wrote: »

No, I'm not linking to the SOGA1979 but to the SOGASA1982, which is different. I've already stated at the beginning of this thread which sections are relevant - Section 4(2) and Section 18(3)(e).

Ta. I missed it at the top


Comes back the same problem. Is it reasonable to expect headphones to last beyond 12 months?. They have a hard live being pulled pushed in pockets, out in all enviroments, and given the unit cost (not sale price) it would not be unreasonable to have them fail after a year of use.

NFH

gjchester wrote: »

Comes back the same problem. Is it reasonable to expect headphones to last beyond 12 months?. They have a hard live being pulled pushed in pockets, out in all enviroments, and given the unit cost (not sale price) it would not be unreasonable to have them fail after a year of use.

With a standalone retail price of £26, it is unreasonable for the product to fail after only a year's use. It should be sufficiently durable for the purpose for which it is intended.

NFH

robt wrote: »

I wish I had this much time to waste on headphones which are under £6 to replace from Amazon.

You've missed the point. It's not just about this particular product but about Orange's overall stance on defective goods that are not covered by warranty or insurance.

grumbler

I believe it is the case for all networks except Vodafone where it's their internal policy to cover the handsets for the entire length of the contract. I doubt that this policy covers the headphones.

gjchester

grumbler wrote: »

I believe it is the case for all networks except Vodafone where it's their internal policy to cover the handsets for the entire length of the contract. I doubt that this policy covers the headphones.

Maybe most phone but not iPhone unless you take out AppleCare

Guys_Dad

NFH wrote: »

You've missed the point. It's not just about this particular product but about Orange's overall stance on defective goods that are not covered by warranty or insurance.

Walking into the shop, Quoting SOGA, and demanding a replacement headset for one that was 12 months' old wasn't really the best way to get a result. I concede that the overseas CS are a bit of a waste of time as well (from personal experience).

In hindsight, you should have gone into the shop, explained that the headset had ceased to perform and asked them to send it away for repair.

If they had then refused, that would have been a different issue. It's still not too late.

However, on your main thrust, you won't find anything definitive in the SOGA that actually defines what is a reasonable period for goods.