Faulty Camera

jakann86

Hi all,

I'd like some advice, I bought a Canon 1000D SLR camera with an 18-135mm lens in December 2010. I took it on holiday in April 2011 which is the first time I properly used it (other than for a few snaps) and I noticed whilst on holiday that it was not focussing properly on most photos and giving a double image on some photos (it appears to be an intermittent problem, some of the photos are fine but the majority are bad). When I returned to the UK I took it back to the shop who sent it off for repair. It came back and I made the wrong assumption that it would be fixed so did not take it for a proper test until September when I noticed the problem was still there. I took it back into the shop and once again they sent it off for repair. I received it back a few weeks ago and took it out for a test this weekend. The problem is still there! I was told before it went in for repair the second time that if it still had the problem after this repair then the shop would contact Canon to ask if Canon would be prepared to refund. I rang the shop this morning to tell them the problem was still there and ask that they contact Canon, and they asked me to contact Canon directly. I have done this, and been given a ticket by Canon who are going to escalate the ticket and call me back.

What I would like advice on is:

1) Should I really be the one calling Canon, surely it should be the shop?
2) I am suspecting that Canon will not be forthcoming with a refund...if they refuse should I persist directly with Canon or should I go back to the shop and insist they sort this out?
3) The person from the shop that I spoke to today was not confident that Canon would give me a refund. Would I be entitled to one as it has now been in for repair twice for the same issue and clearly Canon cannot rectify the issue. I would prefer a refund as I have lost confidence in this camera, but a replacement would be an alternative option.
4) Finally, if Canon refuse to do any refund or replacement, would it still be the responsibility of the shop to offer me a refund/replacement/exchange, or do I have to continually send it off for repair??

I'm very frustrated as I get the impression that the shop is washing their hands of this and I have paid £400 for a camera that I have never been able to use properly!!

Thanks

howardhewitt

Dear Jakann86,

Thank you for your post.

1) Should I really be the one calling Canon, surely it should be the shop?

You should not be approaching Canon directly. It is the retailer's responsibility to provide repair/replacement/refund if your camera has a fault (especially when 12 months have not passed since your purchased the camera).

2) I am suspecting that Canon will not be forthcoming with a refund...if they refuse should I persist directly with Canon or should I go back to the shop and insist they sort this out?

Canon are not under any obligation to provide you a refund. You should not be chasing Canon and should contact the retailer once again.

3) The person from the shop that I spoke to today was not confident that Canon would give me a refund. Would I be entitled to one as it has now been in for repair twice for the same issue and clearly Canon cannot rectify the issue. I would prefer a refund as I have lost confidence in this camera, but a replacement would be an alternative option.

You must contact the retailer and ask for a refund.

4) Finally, if Canon refuse to do any refund or replacement, would it still be the responsibility of the shop to offer me a refund/replacement/exchange, or do I have to continually send it off for repair??

You are not expected to send off you camera continuously for repair. The camera was repaired twice already and the fault was not rectified. There is a possibility that your camera is inherently faulty.

Finally, when you purchased your camera from a retailer you entered a legally binding agreement with them. The retailer has legal responsibility to rectify the problem with your camera in a reasonable manner. The camera was repaired twice already and the problem still persists. Thus, replacement or refund is the next logical step.

I would advise you to call the retailer for the last time and explain that you are not going to be dealing with Canon directly. You should state that it is the retailer's responsibility to deal with this problem and you should not be involved with the manufacturer at this stage.

If you receive an unsatisfactory response, you should write a formal letter of complaint to the retailer explaining the situation. Your letter should be in a chronological order and it is advisable to make it as detailed as possible. At the end you must mention that you want either a refund or replacement. In addition, you should state that retailer has 14 working days to respond.

Please let us know how it goes, so that we can advise you on what can be done next.

howardhewitt

Make sure that your formal letter of complaint is sent either via First or Second Class Royal Mail Recorded Delivery.

Furthermore, it is a good idea to email your letter of complaint to the retailer as well.

jakann86

Thank you very much for your advice.

One last question, if I go back to the retailer and push for a replacement/refund...is it reasonable to expect this to be immediate or should I expect that they would contact Canon in the first instance. Basically they told me before my last repair that they would have to get a refund or replacement approved by Canon first? I thought that a customer returning a faulty product to a retailer should get an immediate refund or replacement (depending upon stock) and then it is up to the retailer to sort out the faulty product with the manufacturer afterwards?

Thanks

howardhewitt

Dear jakann86,

Thank you for your reply.

Under the Sales of Good Act 1979, a product must:

1. Be as described
2. Be of satisfactory quality
3. Last a reasonable amount of time
4. Be fit for purpose

Your camera is not of satisfactory quality, because it was repaired twice already within a period of 12 months.

Your camera has not lasted a reasonable amount of time, because a reasonable person would expect such a product to last at least 12 months in the very least.

to get a refund or replacement approved by Canon first

You do not need to worry about this whatsoever. In most circumstances, you should expect a refund to be given to you there and then. However, I would suggest that you tell the retailer that: "you have 14 working days from tomorrow to refund the money". Regardless of whether Canon does or does not approve a refund you must get your money back from the retailer.

Let me know the retailer's response and I shall be happy to assist your further.

fred7777

jakann86 wrote: »

What I would like advice on is:
1) Should I really be the one calling Canon, surely it should be the shop?
2) I am suspecting that Canon will not be forthcoming with a refund...if they refuse should I persist directly with Canon or should I go back to the shop and insist they sort this out?
3) The person from the shop that I spoke to today was not confident that Canon would give me a refund. Would I be entitled to one as it has now been in for repair twice for the same issue and clearly Canon cannot rectify the issue. I would prefer a refund as I have lost confidence in this camera, but a replacement would be an alternative option.
4) Finally, if Canon refuse to do any refund or replacement, would it still be the responsibility of the shop to offer me a refund/replacement/exchange, or do I have to continually send it off for repair??
Thanks

1. Your contract is with the shop but the shop can appoint another company to deal with repairs and that can be the manufacturer so it's not necessarily wrong for them to tell you to contact the manufacturer for a repair and they may be the best people to repair on behalf of the shop.
2. The shop should be issuing the refund as you paid them and your contract is with them.
3. Whether or not you would be entitled to a refund is a matter of debate between you the shop and if it comes to it the courts. The camera should be fixed within a "reasonable" amount of time and they would have difficulty arguing they had done this.
4. If you want to push for a refund or exchange you should be doing this with the shop.

jakann86

Thank you, much appreciated.

As I had already contacted Canon before I posted on here I will wait for their response. Then I will contact the shop again for the exchange/refund.

The camera that is faulty is now a discontinued model...if they only offer the exchange, what can I reasonably expect the exchange model to be? I would not be happy with a refurbished unit as I paid full price for a camera that has never worked (so it cannot be argued that I have had some use from it already). However, I doubt they would offer to replace with the newer model. Any thoughts?

Thanks

visidigi

jakann86 wrote: »

However, I doubt they would offer to replace with the newer model. Any thoughts?

Thanks

This is where waiting for Canon's answer maybe beneficial, they are the most likely to offer you a replacement of a better quality (little cost to Canon), the shop is likely to refund you and then you would have to pickup the difference.

Wait and see what Canon do - this is just general advice, its not a legal requirement for Canon or the shop to do so - they are only required to return you to your original state (with a deduction for use, although this is less likely to apply to you as its been routinely faulty, so any reduction is likely to be small).

howardhewitt

There should not be any reduction, since it was continuously faulty.

texranger

jakann86 wrote: »

1) Should I really be the one calling Canon, surely it should be the shop?

this should be the retailer as stated by howardhewitt

jakann86 wrote: »

2) I am suspecting that Canon will not be forthcoming with a refund...if they refuse should I persist directly with Canon or should I go back to the shop and insist they sort this out?

Why should Canon refund you they do not have your money and i suspect they most likely do not have the retailers money as the retailer most likely purchased the item from a wholesaler/distributor.
you paid the retailer then your only contract is with the retailer.

CrazyRatLady_2

Last year Canon were the major distributor of their own cameras, this year they have passed this on to another company who sells most official UK canon camera stocks - they are called Ingram Micro. Most other distributors selling Canon cameras in this country have imported them from abroad and are technically selling grey imports to stores although they have changed the leads to UK plugs.
If cameras from these other distributors become faulty then the shop needs to sort this out with the distributor the purchased it from, if it was bought direct from Canon/Ingram Micro then the shop needs to sort it out with them. As the shop has mentioned going to Canon direct to the OP then I would suggest that this means they obtained the camera from them to sell.
OP - no you don't have to contact Canon yourselves, but many people prefer to go direct via the manufacturer as they don't always live near the shop etc.