Fit for purpose - opinion?

timb999

Hi all,

I'll keep this short and sweet in the hope that some of you can let me know if you think this situation classes as 'not fit for purpose'

Samsung DVD Recorder purchased from Comet in Dec 2009 for £185

Became faulty after 11 months, unit exchanged for new.
New unit faulty after 1 month, unit repaired.
Unit now faulty again after another 6 months.

Fault is the same each time, the drive gradually gets more flaky, spitting DVDs out, eventually failing to play any disc.

I know that Samsung DVD recorders are known to be a bit rubbish, but surely it should work for more than 11 months, and surely should not fail on the same fault 3 times within 20 odd months?


Do I have a case to say this product is not 'fit for purpose' and if so, what would u advise my next course of action is?

Many thanks in advance...

Cheers
Tim.

bod1467

I'm confused ... You purchased in Dec 2010 and it failed after 11 months. But it's barely only 9 months now since Dec 2010! :question:

timb999

Heh, well spotted, just testing...it was 2009 of course, now edited

DWatts

Simply because of the age you would probably struggle. Generally 6 months is the cutoff so maybe since the item was repaired and it's failed after around 6 months, you could try that.

You could either try and aggressively seek a refund, at which point they'll put up defenses and probably flat out refuse. Or what's probably the better option, say you're disappointed that the unit keeps failing so quickly and that you think a refund would be easier for both of you (i.e. Comet won't have to keep replacing the thing, and you stay a happy customer.)

I think you might have more luck trying to reason than trying to claim it's not fit for purpose (which it clearly isn't, but trying to get them to refund it on that basis will be difficult.)

arcon5

All you can really do is seek another repair.

Especially bearing in mind its over 6 months old and therefore the burden of proof is on you that the fault is inherent.

DWatts

arcon5 wrote: »

All you can really do is seek another repair.

Especially bearing in mind its over 6 months old and therefore the burden of proof is on you that the fault is inherent.

Would the 6 months not apply to to the repair? 3 identical faults in a row would probably be enough to demonstrate an inherent fault.

arcon5

DWatts wrote: »

Would the 6 months not apply to to the repair? 3 identical faults in a row would probably be enough to demonstrate an inherent fault.

Unfortunately not, from time of purchase.

Op could argue such and most likely be offered another repair without much hassle, but it doesn't doesn't act as proof. Even if it did they must offer a remedy of their choice (refund, replacement or repair) for which they will likely go for the latter.
Many manufacturers do actually offer a replacement where an item has been sent for repair 3 times... atleast its common for laptops, so maybe worth op asking about it.

mo786uk

after having 18 months of use you will only get a replacement or perhaps a piddly partial refund.

timb999

Thanks to everyone that replied - really useful to get some guidance here first, before going back to Comet again.

We shall see what they say.

Thanks
Tim

samdd

mo786uk wrote: »

after having 18 months of use you will only get a replacement or perhaps a piddly partial refund.

Ive just posted this on another thread but thought worth mentioning here.

It could be that you are able to demand a refund if you are able to prove the fault is not as a result of misuse

(1999/44/EC) UK legislation

arcon5

samdd wrote: »

Ive just posted this on another thread but thought worth mentioning here.

It could be that you are able to demand a refund if you are able to prove the fault is not as a result of misuse

(1999/44/EC) UK legislation

Having a scan of that, it says nothing more than whats been said. If op can prove the fault is inherent he would be entitled to a refund, repair or replacement (retailers choice) and a partial-refund is suitable in sme circumstances.