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Duracell wont honour their own Guarentee!

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Right, about 2 1/2 years ago I needed a new camera R/C battery, so looking online I saw Play.com offering the Duracell DRC4L for a fair price, and also noted it had a 3-year Guarentee, (printed on the bubble pack).
The battery recently failed, despite not having that much use (2nd camera). So I though I might as well get a replacement as it had the 3 yr Gtee as described, I had of course kept the bubble pack, and the receipt.
The reply from Duracell was that the Gtee is that the responsibility is with the seller, so I contacted Play, who of course say that after 1 year, the Gtee is back with Duracell. I tend to agree that the Gtte is with Duracell as it is clearly printed on the Pack.
Now obviously for a £10 battery its not a priority, but I do think this is a poor respnse from Duracell, so be warned.
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Comments

  • ThumbRemote
    ThumbRemote Posts: 4,729 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I think (and I'm sure someone will correct me here if wrong) that the guarantee is with Duracell. However, if they refuse to honour it, your legal rights are against the seller.

    You could argue that you wish to reject the product under the SoGA for a full refund, as the guarantee did not conform to contract, and this is the first opportunity you've had to find this out so it is within a reasonable time to reject it.
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    I think that it is fair enough that OP should seek performance of the guarantee from Duracell. But if Duracell refuse, it becomes a Trades Descriptions issue, because the item was sold with a guarantee which has not actually come good - so back to the retailer, I think.
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • What exactly does the guarantee cover? (is there any smallprint on the package).

    Normally, battery manufacturers will provide a replacement if the battery leaks or if its shelflife is lower than advertised, but I can't see that a battery would be guaranteed to last 3 years in all instances as it all depends on the application it was used for and how often it was used which is something that would differ greatly between users.
  • I think (and I'm sure someone will correct me here if wrong) that the guarantee is with Duracell. However, if they refuse to honour it, your legal rights are against the seller.

    You could argue that you wish to reject the product under the SoGA for a full refund, as the guarantee did not conform to contract, and this is the first opportunity you've had to find this out so it is within a reasonable time to reject it.

    Technically I think you're correct but it may have to go to court to get the retailer to agree.

    Not worth it over a £10 battery.
    Thinking critically since 1996....
  • ILW
    ILW Posts: 18,333 Forumite
    How can anyone guarantee a battery for 3 years without knowing the useage?
  • bod1467
    bod1467 Posts: 15,214 Forumite
    I suspect they were not guaranteeing 3 year's WORKING LIFE of the battery, just that it should work as expected if used FOR THE FIRST TIME within 3 years from manufacturing date.
  • ThumbRemote
    ThumbRemote Posts: 4,729 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    bod1467 wrote: »
    I suspect they were not guaranteeing 3 year's WORKING LIFE of the battery, just that it should work as expected if used FOR THE FIRST TIME within 3 years from manufacturing date.

    It's A rechargeable battery, so I'd expect it to work for 3 years.

    http://www.amazon.co.uk/electronics/dp/B000K4WPIQ
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think (and I'm sure someone will correct me here if wrong) that the guarantee is with Duracell. However, if they refuse to honour it, your legal rights are against the seller.

    You could argue that you wish to reject the product under the SoGA for a full refund, as the guarantee did not conform to contract, and this is the first opportunity you've had to find this out so it is within a reasonable time to reject it.
    How could the possibly reject it for a full refund 2 1/2 years after they bought it, at best they could get a partial refund of £1.65 for the 6 months shelf life it has left.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    It's A rechargeable battery, so I'd expect it to work for 3 years.

    http://www.amazon.co.uk/electronics/dp/B000K4WPIQ

    Thanks. I didn't look up the product code so didn't realise it was rechargeable. That said, I wouldn't necessarily expect 3 years life from a rechargeable - it depends on how many charging cycles it goes through. :)
  • ThumbRemote
    ThumbRemote Posts: 4,729 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    bris wrote: »
    How could the possibly reject it for a full refund 2 1/2 years after they bought it, at best they could get a partial refund of £1.65 for the 6 months shelf life it has left.

    SoGA allows a 'reasonable' time to reject the goods. I fail to see how the OP could have known the guarantee wasn't to be honoured any earlier. Therefore this is the earliest possible point the OP could have known the goods didn't conform to contract.

    Otherwise the retailer is getting away with falsely advertising features of the product.
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