Amazon-Kindle

bris

The reason the warranty does not start again is because the law does not recognise a replacement as a new purchase, but a resolution to your statutory rights. So whether it's repaired or replaced it is still the same item as far as soga goes. This of course does not stop a retailer or manufacturer giving you an extended warrant on the replacement, but that is up to them. It also stops infinite replacements.
The law also states that if you were to win your right to a remedy under SOGA the retailer can deduct a fair percentage for the use you have had from the kindle for the 26 months you have had it, so it could be half the price anyway.
Your £40 offer is the best you are going to get, it would also be a new purchase so your warranty would start again on this one.

mpbaz

Its not the money its the principle of the fact an item should last longer than 14 months it is very reasonable to expect this particular item to last that long for two to break in the sapce of 26 months is not 'fit for purpose' terroitory as you cannot use them so a replcement or repair should be offered. Nobody on here can tell me 14 months use of an electrical item or 26 months from two items is reasonable and you should just pay up. Just because the law says something is so it does not make the law related to that particular problem FAIR it just means thats the rules applied, thats why we have mediation and small claims.

joess

Slightly off topic...

I have a Kindle and when I bought it, it said battery time can be upto 2 months (I know I'd never get anywhere near this in real life) but I'll charge it so green light comes on (ie fully charged) then when I come to use it it's flat again! Full battery without reading anything will only last about 3 days - is this right or do you think mines faulty?

I only bought in Dec so it's under warranty.

Hintza

mpbaz wrote: »

What else do you need?

We don't need anything else, if you feel you have an inherent fault then you need to get a recognised engineer to agree with you, that will cost you money. Amazon might have their people look at it and the might disagree with your expert. For example they might decide you have you dropped it?

You then have to balance that cost against chances of success. How long do you expect a Kindle to last, Amazon could argue that they only expect them to last (say) 4 years in which case it could be argued that their offer is more than generous.

It really is up to you to decide what you want do and you could take it to small claims (with your report) and I dare say you would win because they wouldn't bother to send someone, but without that report you have nothing.

OlliesDad

mpbaz wrote: »

It is inherent if it has happened twice in 2 years to two kindles!! Where in SOGA does it imply a replacement is a continuation of the SOGA 6 year rule?

Using the logic that the new unit has a seperate contract to the original unit, Amazon have the right to refund you for the unit, but as you did not pay for it, you would get nothing back.

However, the replacement was part of the original sales contract and therefore SOGA runs from the original purchase.

mpbaz wrote: »

Nobody on here can tell me 14 months use of an electrical item or 26 months from two items is reasonable and you should just pay up.

Nobody has said it is reasonable to expect it to break this soon, however, they are entitled to give a partial refund.. and the £40 for a new kindle sounds reasonable (effectively a £49 refund.. although you should be offered a cash refund instead).

mpbaz

No one has said the word reasonable but you have all said £40 for a new kindle sounds reasonable...no not to me not when I have identified a fault that they were alerted to but refuse to even look at , they cannot judge without viewing the item if it is reasonable to replace or repair, so are you saying them refusing to take the kindle back to look at it is fair and or reasonable? Ok lets paint another scenario and this kindle lasts 11 months and devlops the same fault and is replaced with another kindle which lasts 16 months and devlops the same fault are you saying its ok as all the have to offer under the law is a partial refund? I am saying it maybe within the law but it does not mnake it fair for a custom,er to continually pay out for an item just becaus the warranty has expired the item is not 'fit for purpose' any good company would investigate why and offer a replcement as its clearly not the customers fault and they had two faulty kindles which is their fault not the customers.

mpbaz

joess wrote: »

Slightly off topic...

I have a Kindle and when I bought it, it said battery time can be upto 2 months (I know I'd never get anywhere near this in real life) but I'll charge it so green light comes on (ie fully charged) then when I come to use it it's flat again! Full battery without reading anything will only last about 3 days - is this right or do you think mines faulty?

I only bought in Dec so it's under warranty.

Thats not right at all I would enquire with Amazon see what they say but it does not fit the description.

neilmcl

mpbaz wrote: »

It is inherent if it has happened twice in 2 years to two kindles!! Where in SOGA does it imply a replacement is a continuation of the SOGA 6 year rule?

The SOGA is based on an a contract of sale, ie, the contract from your original purchase.

£40 IS reasonable when you take into account you've 26 months use of a kindle, regardless of whether it was the original one or not.

eyelinerprincess

joess wrote: »

Slightly off topic...

I have a Kindle and when I bought it, it said battery time can be upto 2 months (I know I'd never get anywhere near this in real life) but I'll charge it so green light comes on (ie fully charged) then when I come to use it it's flat again! Full battery without reading anything will only last about 3 days - is this right or do you think mines faulty?

I only bought in Dec so it's under warranty.

I'd contact them. Mine lasted weeks without reading anything (new baby, didn't have the time or energy).

mpbaz

neilmcl wrote: »

The SOGA is based on an a contract of sale, ie, the contract from your original purchase.

I think that needs to change, however yes that has been pointed out thanks for that but cant see claification within SOGA itself is all.