Faulty Item, Retailer says contact Manufacturer

silvanights

Hi All,

First post here.

I have a netbook I bought from Very that is starting to develop slight issues.

I contacted Very and they said as its after 28 days (its been a few months) that I have to contact manufacturer (and I believe I have to post it off with myself paying for postage).

This is what I emailed them:



Hi,

You may be required under your own policies, but legally a buyers statutory rights under the Sale of Goods Act take precedence over and above any warranty or guarantee with a external manufacturer.

I would like to know why Very are trying to boycott their legal responsibilities.

I will not go to the manufacturer, just because Very will not accept responsibility.

I will seek legal action if this is not resolved by Very with either:
the original item repaired through Very collecting the item and initiating the process with their supplier,
a new replacement,
or a refund.
Regards,


This is their reply:

Thank you for your e-mail.

We follow strict procedures and they are all accepted by the Trading Standards and are within the Sales of Goods Act 1974.
If you require to speak to the Helpline you can ring the after-sales team directly on 0844 822 4686 and we will transfer you to Asus helpline after confirming all your details with them and coming up with a suitable solution.

As was previous mentioned as the item is out of Home Approval Guarantee we are unable to collect the item. We will only collect once the fault has been repaired twice and third manufacturing fault is confirmed by the manufacturer as per Sales of Goods Act 1974.

I hope to hear from you soon.

Kind Regards




Can anyone offer any advice please?

Many thanks,

tom,

bod1467

I'm no expert, but I think they're talking bull - your contract is with Very not Asus. However it is often quicker and easier to deal with the manufacturer.

When did you make the purchase? When did you notice/report the fault? (You say "a few months" - is it more or less than 6?)

silvanights

bod1467 wrote: »

I'm no expert, but I think they're talking bull - your contract is with Very not Asus. However it is often quicker and easier to deal with the manufacturer.

When did you make the purchase? When did you notice/report the fault? (You say "a few months" - is it more or less than 6?)

Hi, thanks for your reply.
I bought it about july/august and reported it initially in august/september.

Thanks,

tom,

bod1467

Within the first 6 months from purchase then it is up to the supplier (Very) to prove the fault was not inherent (existed at the point of sale) and that any fault is due to the user (you). I think they are within their rights to refer this to the manufacturer for investigation, but it is up to Very to do this not you.

Any investigation and remedy must not significantly inconvenience the consumer. If they request you to deal with the manufacturer and this involves any financial outlay by you (e.g. to send the item off for repair) then I would class this as significant inconvenience. Raise this with Very and say you're happy to deal with Asus provided Very reimburse you any expenses incurred with this. Include any phone costs where such calls are not included in your contract (e.g. to 0844 numbers).

Noctu

"We follow strict procedures and they are all accepted by the Trading Standards and are within the Sales of Goods Act 1974."

That's very nice but the law is the Sale of Goods Act 1979 (as amended)!!

Also...
http://whatconsumer.co.uk/shops-responsibility/
"The Sale of Goods Act makes reference to ‘the seller’, this is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer, and don’t let the shop tell you otherwise! If there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty."

F_T_Buyer

What's actually wrong with the laptop? Is it hardware or software?

You are within your rights, but is might be something the manufacturer can quickly fix. Also there might be an issue if, for example, you get a virus which has done the damage.

texranger

i would look at http://www.!!!!!! and under Retail (UK) for the email of the CEO of very (shop direct) and then send them an email outlining your problem. you will be surprised at what this effect has

Esqui

Asus repair machines for Very. The only way in which Very would be dodging their responsibilities is by not booking the repair for you - though it's much much easier to do it yourself.

Sometimes I wonder if having things done to the letter of the law on principle is more important to some people than having their item repaired quickly. The netbook could already have been in the workshop...

silvanights

F_T_Buyer wrote: »

What's actually wrong with the laptop? Is it hardware or software?

You are within your rights, but is might be something the manufacturer can quickly fix. Also there might be an issue if, for example, you get a virus which has done the damage.

Its having problems with the bios and wont always power on, re flashing bios has made no effect and a virus wouldnt effect it at this level.

silvanights

Esqui wrote: »

Asus repair machines for Very. The only way in which Very would be dodging their responsibilities is by not booking the repair for you - though it's much much easier to do it yourself.

Sometimes I wonder if having things done to the letter of the law on principle is more important to some people than having their item repaired quickly. The netbook could already have been in the workshop...

They already send out the wrong netbook and made me wait, while at the same time changing the details of the item originally sold on their website (I have the original copy of the item description), so yea I would rather take longer and get Very to do some work, that's without even mentioning the cost of insured shipping for a £200+ item.