Ratailer won't accept faulty monitor

TiM

Hey everyone!

I purchased a monitor from a well respected online computer retailer on the 9th of April and over the past few weeks it has started blanking out for a few seconds before turning back on again. I've used another PC and another cable and it still does it, I've also tested another monitor on my PC for a few days and that was fine.

The say they can't have it back because I've had it for too long, but I don't think it's that long at all...

Any advice? Ideally I like to pay the difference for another monitor that they stock but I'm not sure if that's being cheeky.

Kind regards,

Tim

frugal_mike

TiM wrote: »

Hey everyone!

I purchased a monitor from a well respected online computer retailer on the 9th of April and over the past few weeks it has started blanking out for a few seconds before turning back on again. I've used another PC and another cable and it still does it, I've also tested another monitor on my PC for a few days and that was fine.

The say they can't have it back because I've had it for too long, but I don't think it's that long at all...

Any advice? Ideally I like to pay the difference for another monitor that they stock but I'm not sure if that's being cheeky.

Kind regards,

Tim

I assume you mean the 9th April 2013? If so then under the Sale of Goods Act the retailer has to repair, replace, or refund (possibly partial to take into account usage) the monitor unless they can prove that the fault is not inherent. This applies for faults in the first 6 months after purchase. After 6 months it would have been your responsibility to prove the fault was inherent if they asked you to do that.

If the item is faulty they also have to cover all costs incurred in providing the solution, such as postage costs.

Oh and they are talking rubbish when they say you have had it too long. If a product does not last a reasonable length of time due to an inherent fault you can expect a remedy, up to a maximum of 6 years.

TiM

Sorry yes, should have clarified, it was this year.

I'll send a reply mentioning that and see what they say.

cattie

Check how long your monitor is guaranteed for too. A few years ago I had a monitor produced by a well known & respected brand that came with a 3yr guarantee. Just 2 or 3 months before the guarantee expired the monitor died. I contacted the company & a brand new monitor was delivered to me not long after.

wealdroam

What Frugal_mike says is correct.

However, following on from that, the seller is also partly right.

After a reasonable time you would be seen to have accepted the goods and can no longer reject them for a full refund.
I would suggest that period has passed.

If the fault is deemed to be inherent, then you can request a remedy, which could be one of those already mentioned.
You cannot insist upon a disproportionate remedy.
This means that the seller can simply replace the monitor on a like for like basis if this is his most cost effective solution.

spacey2012

The term Inherent gets confused on here.
Goods which are not fit for purpose for a reasonable amount of time are inherently faulty .
You need to switch to writing mode and inform them that under the sale of goods act they owe you a redeemable solution, this could be a repair, replacement or refund.
State they have 14 days to reconsider their refusal to act and that this serves as a letter before action.
Provide proof of claim : Details of the fault, details of steps made to test the item and a photocopy of the sales receipt .
It must be posted and you should get a certificate of postage from the post office.

tomwakefield

spacey2012 wrote: »

The term Inherent gets confused on here.
Goods which are not fit for purpose for a reasonable amount of time are inherently faulty .

Not quite.

An inherent fault is one that was there at the point of manufacture, whether or not it manifested itself immediately.

Goods which go wrong within six months are assumed to be inherently faulty unless the retailer can prove otherwise.

If a retailer than prove the fault was through user misuse (e.g. a phone breaking from being dropped in the bath) then they are under no obligation to do anything, even if it's the day after the item was bought.

TiM

Thanks for the replies everyone. I've sent them an email clearly stating that I've researched my rights and that I do expect them to deal with the situation. I also dropped in a few bits about my previous purchases and ones I plan to make in the future for good measure. I'll see what reply I get tomorrow.

frugal_mike

spacey2012 wrote: »

The term Inherent gets confused on here.

I'm not sure where in this thread the term has been confused. I haven't seen it confused in other threads recently either (but can't say I've read them all). I'd say inherent was used quite clearly. Faults that are a property of the item are inherent (manufacturing defects, design flaws etc), faults that are a property of the environment or the particular usage (that is outside the bounds of reasonableness or the declared usage instructions) are not inherent.

So if OP's monitor is no longer working due to faulty soldering it is inherent, but if its not working because a pint of beer was spilled on it then its not inherent.