Sale of Goods Act/ Consumer rights question...

arcon5

Op has had 10 months use of a hard drive -- for free.

I'd call this significantly convenient

steve1873

arcon5 wrote: »

Op has had 10 months use of a hard drive -- for free.

I'd call this significantly convenient

Which could also be turned:

Op had 1TB of storage (which had a warranty until 2014, meaning that 1TB of storage should be free from defects until at least then)

Now he has none and needs to replace the storage at a greater price (nearly 215% more). That is significantly inconvenient.

wealdroam

wealdroam wrote: »

So you paid £41.99 for the drive 10 months ago.
They have refunded you '~£40'.
Around £2 for ten months use doesn't sound too bad, does it?

Thinking about it further, how much exactly did they refund?

It seems a bit petty of them to refund all but £1.99, doesn't it?

You say you were refunded '~£40'.
Does that '~£40' actually mean you were refunded the full purchase price of £41.99?

Although you do say it was a partial refund they made, so maybe I have got it wrong.

unholyangel

steve1873 wrote: »

Which could also be turned:

Op had 1TB of storage (which had a warranty until 2014, meaning that 1TB of storage should be free from defects until at least then)

Now he has none and needs to replace the storage at a greater price (nearly 215% more). That is significantly inconvenient.

The SoGA only makes reference to repair or replacement being free of significant inconvenience.

imo its a dead horse, and theres no use flogging it.

Getting a repair or replacement under warranty would likely still have cost you money. Its not a case of the retailer doubling the price, they will have increased their price based on the increased price from the manufacturer. So theres every chance that a) you would have had to pay money towards the replacement b) had to pay postage costs and possibly even c) not receive a repair or replacement at all if they decided the fault was not covered by warranty.

steve1873

wealdroam wrote: »

Thinking about it further, how much exactly did they refund?

It seems a bit petty of them to refund all but £1.99, doesn't it?

You say you were refunded '~£40'.
Does that '~£40' actually mean you were refunded the full purchase price of £41.99?

Although you do say it was a partial refund they made, so maybe I have got it wrong.

They initially refunded £36.81. Upon my complaining and requesting my drive be returned so that I may initiate dialogue with the manufacturer (something I will do in future) did they refund the further £5.18.

steve1873

copa_feela wrote: »

You chose to exercise your rights against the retailer, not under the warranty (against the manufacturer).

You can pick up a refurbished hard drive for £65 on ebay.

Same thing. Within the first 12 months of any warranty the retailer is responsible for it.

arcon5

steve1873 wrote: »

Same thing. Within the first 12 months of any warranty the retailer is responsible for it.

no. If the warranty is offered by the manufacturer then it's just that -- with the manufacturer. Therefore the retailer has no obligation to offer a repair under the terms of the warranty.

it's infact your statutory rights (sales of goods act) which are the responsibility of the retailer

.

wealdroam

steve1873 wrote: »

They initially refunded £36.81. Upon my complaining and requesting my drive be returned so that I may initiate dialogue with the manufacturer (something I will do in future) did they refund the further £5.18.

Thanks for that info.
So you have indeed had a full refund.

steve1873 wrote: »

Do you agree with the retailers assertion that repair or replacement is proportionately too costly, even though the cost of said repair or replacement would be covered by the manufacturers warranty (which still has nearly 30 months remaining) ?

The cost to the retailer is merely the cost of shipping to the manufacturer.

If you are suggesting that the cost to the retailer of returning the item to the manufacturer is just the cost of shipping, then you are assuming that the retailer can take advantage of the manufacturer's warranty. This is unlikely to be the case in a business to business environment.

I would suggest that if the retailer returned the thing to the manufacturer as faulty, then the best the retailer can expect is that the manufacturer refunds the price that the retailer paid for the item in the first place.

This means that a replacement of the item to you by the retailer is disproportionately costly when compared with the refund that you have been given.

Therefore, I agree with Unholy where he/she says...

unholyangel wrote: »

...imo its a dead horse, and theres no use flogging it.

unholyangel

steve1873 wrote: »

Same thing. Within the first 12 months of any warranty the retailer is responsible for it.

Erm not really. A warranty is provided by the manufacturer. Under SoGA, you have up to 6 years in england to seek a remedy for faulty goods from the retailer. That does not necessarily mean that all goods should last that long though.

A warranty is in addition to your statutory rights, not instead of them. Warranties can pretty much include any term they like.

There have been other posts on MSE boards about manufacturers refusing to repair or replace these recently due to the increase in costs associated with it. So it is possible the manufacturer may have charged you in some way (as detailed in my previous post) or refused to repair/replace altogether.

If you want to continue with your crusade then by all means, go ahead. We're just trying to advise you that you are very likely to spend a lot of time and effort to get nowhere and that even if you tried to follow up legally......theres a very good chance you would be left further out of pocket more than it would cost to replace the drive with a new one.

jonnyd281

Valli wrote: »

Repairs and replacements for faulty items

If a trader won’t give you a refund for a faulty item, they should usually offer to repair or replace the item for free. This may apply even if you’ve had good use out of the item. It depends on:


If you don’t hear back from the trader or aren’t happy with the trader’s offer, you should make a complaint in writing.

I've BOLDED and changed font colour to red to highlight the relevant bits

Yeap now read the first part, if a trader won't give you a refund for a faulty item.

You are only quoting part of the story.