Have I forfeited my consumer rights?

Charis

Does reflashing a router's firmware, on the instruction of the makers' Technical Support team, when trying to set up the router for the first time, invalidate the contract between the vendor and the customer? It would certainly appear so, given my experience today.

Darksun

It may invalidate a warranty, but it won't remove your rights under the Sales of Goods Act if you can prove that the fault with the router is a manufacturing defect and not due to your actions

shaun_from_Africa

but it won't remove your rights under the Sales of Goods Act if you can prove that the fault with the router is a manufacturing defect

Don't forget that as the router is probably under 6 months old, (the OP has just tried to set it up for the first time), they don't have any obligation to prove a manufacturing defect.
Under the SOGA it is the retailer who must prove that this isn't the case and that the fault was caused by the OP.

cootuk

I guess if you have bricked the router then the seller could claim the fault is due to your actions and misuse. If the item was was sold as compatible with your service and wasn't, then it should have been returned first.

poppellerant

If you've flashed it with the firmware freely available upon the manufacturer's website, then I don't see how unless the website warns you before downloading. The fact you were instructed to flash the firmware by their support team, tells me they've got a snowball's chance in hell!

Charis

Thanks. I've written to the manufacturer with help from Trading Standards to put the appropriate phrases in the letter. Fortunately I have emails from their Tech Support with a link to the firmware they suggested I reflash the router with. I think they have a duty of care to warn the customer that their 'help' could cost the customer their legal rights.

Notmyrealname

Charis wrote: »

Thanks. I've written to the manufacturer with help from Trading Standards to put the appropriate phrases in the letter. Fortunately I have emails from their Tech Support with a link to the firmware they suggested I reflash the router with. I think they have a duty of care to warn the customer that their 'help' could cost the customer their legal rights.

It doesn't though. Flashing with a manufacturer supplied firmware doesn't invalidate it but using a third party custom one does.

tombruton87

if its in warranty just take it back to the shop and just say its stopped working they should just give you a replacement. Faulty firmware could be down to so many things and it would cost more to investergate it than to just send you a new router

millwalll

I agree by flashing the device you have not voided anything. If you was trying to flash it with a non supported firmware upgrade then yes it would be your own fault. However as you was advised by the support team its down to them to provide a good support system that makes sure this done right. I would just take it back to the shop tell them you been on the phone to the technical support the they said the device was broken.

Charis

Well, so much for consumer rights. The vendor was extremely rude to me when I took the router back and told him it wouldn't hold a connection. I put up with his unwarranted behaviour until it was clear I would get nowhere, and I left the shop.

I took trading standards' advice and wrote to the manufacturer, giving them 7-14 days to reply and sending the letter by recorded delivery. I got no answer at all. The 'helpline', the reason the vendor feels he can dodge his liabilities, have sent a lot of gibberish messages, presumably on behalf of the company, but not in direct reply to my letter, the last of which, having explained that the manufacturer will only authorise an RMA, but not offerering to do so, ended with 'have a nice day!'. It was sent at 9pm.

So I am stuck with a router that is inferior to the six year old model I was trying to upgrade. I have the choice of going back to the shop and being bawled at again or taking either the vendor or the manufacturer to the small claims court, and even trading standards is vague about who is the responsible party, which leaves me out on a limb. So much for consumer rights.

CoolHotCold

As far as consumer rights go, your contact is with the retailer and not the manufacture. Flashing FW on advice of the Manufacter doesn't matter a smidgen to the SoGA unless the retailer told you it was permissible and ok to do so.

In theory you undertook a repair/upgrade in home (essentially that is what a FW is, a update/upgrade) without permission or advice from the retailer.

It really is a grey area as in theory its no more different than opening the desktop and on advice of Acer to upgrade the processor, you breaking something/not doing it right/ your new processor is faulty and breaks the PC and going back to Comet stating the systems knackered.


It's the manufacture who should sort it out in your case, the retailer probably doesn't have to legally do anything.