Being charged to repair a manufacturing defect

DistortedVision

I bought a NAD C515BEE CD player which was actually replacing another NAD CD player which had exactly the same fault. I should mention that the unit has only been used about 10 times since I bought it.

I found the following on NAD's website:

http://nadelectronics.com/user-reviews/538

"The "No Disc" issue described by some C 515BEE owners was a problem that affected some batches of product made during a three month period from November 2007 to January 2008. It was due to a part called a leaf switch which is used by most brands but only available from a few sub contractors, so this issue affected our competitors' CD players too. The repair is simple and NAD acted quickly to ensure that most units were corrected before being sold. If you do experience this issue please contact your dealer or local distributor who can fix it for you. Units made after January 2008 are not affected, so any players being bought today will not have this problem."

I contacted Armour Electronics and they have replied and said that because my unit is not under warranty I have to pay £55.00 labour + cost of parts + return shipping + VAT. I feel that this is completely unreasonable because it is clear from the above that this is a manufacturing fault yet there was no product recall issused and I received no communication from NAD or Armour making me aware of the issue to have it repaired under the warranty. The fault has only manifested itself after the warranty had elapsed. I feel that given the circumstances that the unit should be repaired free of charge. I note that when manufacturing faults are discovered most manufacturers offer at least a free a repair and some even a completely new unit. I note Apple recently recalled early generation iPod Nanos and issued replacements.

Can anyone please tell me if I have any rights? Am I being reasonable or not to expect a free repair. The price of the repair itself seems unreasonable to me - they made no compromise eg charge me for parts only. Since I paid £149.95 for it the repair may be uneconomical.

Many thanks!

unholyangel

A warranty is in addition to statutory rights.

Your statutory rights where a product is inherently faulty is to receive a repair, replacement or a refund (although this can be partial to take into account use you have had of the goods).

There are several things to factor in. Such as, the date it was purchased, the price paid etc. Although SoGA gives you legal recourse for up to 6 years, this does not mean that all goods should last that long.

When did you purchase it and how much did you pay?

Ultimately, within the first 6 months the fault is assumed to be inherent and it is up to the retailer (as it is them you have a contract with....not the manufacturer) to prove otherwise. After 6 months, the burden of proof reverses and the consumer may be required to prove the fault is inherent. This is usually done via independent report which is refundable if found in your favour.

tomjonesrules

Have you confirmed that yours is one of the affected batch?

DistortedVision

It was purchased in early March 2008 which makes it highly likely that it was manufactured during the period stated on the manufacturer's website. I have contacted the manufacturer to determine the date of manufacture and whether it was in the affected batch.

It was purchased from Superfi for £150. It is still on the market and Superfi are still selling it.

DistortedVision

Would I still have to obtain independent evidence to prove that the fault is inherent when the manufacturer has made a statement on their website categorically stating that the cause of the fault is due to a manufacturing defect?

unholyangel

Distorted_Vision wrote: »

Would I still have to obtain independent evidence to prove that the fault is inherent when the manufacturer has made a statement on their website categorically stating that the cause of the fault is due to a manufacturing defect?

Not necessarily. All that is really required is for you to provide proof the fault is inherent. A statement from the manufacturer stating this, aswell as a email or letter confirming your product is within the affected batch should suffice.

I say should because retailers don't always play ball.

Contact them and see what they say first If you need anymore help, you can always update your thread to let us know of developments and if you get your happy ending, you can still update your thread to inform us of that.

DistortedVision

Thank you all of you. I'll contact Superfi as soon as I hear back from NAD.

Superfi are a reputable company I've dealt with them many times over the past 10+ years. Their service has always been excellent so I'm hoping small claims route will be unnecessary.

I'll keep you all posted on how I get on.