Product repair under Warranty - Issue with Retailer

GSTAR

thread deleted

monty-doggy

Although I agree its a long time, they are within their rights to have the product repaired rather than refund or replace. I'd be careful. You may end up losing out if you pay a court fee.

moyesforever

I think by the time your claim reaches court you will have your tablet repaired and back in your possession. To be honest I'd let them get it repaired.

Esqui

Their partial refund offer is quite low, but when you say

Refund for the value of £109.29. I paid £137.99 for the tablet and it broke down in just under 10 months. I estimate the product to reasonably last for between 4-6 years so I based my calculation on this.

I would have to disagree that a sub-£150 tablet would last as long as you expect.

Although that's beside the point - get it repaired. It's a tablet, you can do without it for a bit.

CoolHotCold

A Inconvenience perhaps, but not significant under normal situations.

Techhead_2

GSTAR wrote: »

Hi guys, thanks for your input. Whilst I agree it would be probably be easier just to get it repaired, it doesn't alter the fact that the Sale of Goods Act states that the repair needs to be carried out in a reasonable length of time. It means I also lose 2 months out of a 12 month warranty.

Since I use it regularly I should not have to wait this length of time - it is an inconvenience for me. On this basis I would have preferred if they'd offered me a satisfactory refund amount so that I could immediately purchase another tablet.

I think you have rather shot yourself in the foot. Remember, that it's basically their choice whether to repair, exchange or partial refund. As they offered several options which you refused; they have chosen repair (plus an inconvenience payment). I suspect this would be seen as reasonable.

My personal opinion is that you have made a decision based on an over estimate of the lifespan, worth and necessity of the tablet. Perhaps understandably.

ThumbRemote

You need to get your terminology right.

You have statutory rights, under the Sale of Goods Act. These are with the retailer, and seem to be what you're claiming under.

You may also have a warranty, from the manufacturer or retailer. This is on top of your statutory rights, but may contain restrictions.

It seems like you're trying to claim under a warranty, but quoting statutory rights at them, which isn't goin got work. If you're claiming under your statutory rights, don't use the word warranty; it's confusing.

bris

The repair is a solution of 3 they are offering, they are not insisting on it but giving you the choice so significant inconvenience does not come into this.
The choice of remedies they are offering is up to you but if you reject them all then they can choose the remedy, as they are telling you it's going to be 8 weeks and offering an inconvenience payment then a court could find your case frivolous and reject it based on the options they clearly provided you with. If you disagree with the amount then make a counter offer but if they refuse then it's the court who would decide the correct amount, but personally I think they are nearly correct, a cheap tablet is past it's best after a year or 2.