6 year duty of care

rforster1

What am I entitled to under 6 year duty of care?

We have a TV/DVD player form Argos that failed, and I have an independent report saying it is a fault of the product and is unrepairable. When it was reported it was 4 months out of warranty, but by the time I sorted everything it was 6 months and Argos has given me a refund equivalent to 75% percent of the purchase price.

Am I entitled to a full refund and if so how do I get it?

Thanks

WTFH

How old is the TV/DVD?
How long was the warranty for?
What is the fault?

rforster1

Purchased 16/3/12 with 12 months warranty.

the DVD started playing in black and white>

ThumbRemote

Legally under the Sale of Goods Act the retailer can make a deduction to the amount refunded to reflect the use you've already had of a product.

There is no 6-year duty of care. There is a 6 year statute of limitations, which just means the time limit after which action can be taken.

Essentially Argos are saying that you've had 25% of the life expectancy of the TV after 16 months, so a life expectancy of just over 5 years. This sounds reasonable to me (in fact it's a far better offer than many other retailers would make).

Toxteth_OGrady

rforster1 wrote: »

Am I entitled to a full refund and if so how do I get it?

No, you are not.

Esqui

Also, it's important to note that the 6-year statute of limitation in which you have to bring a case does not mean that everything must last for 6 years. Certainly for something like a TV/DVD combi, the inferred life expectancy of 5 years is pretty good for two reasons:
Firstly, the more features you put into something, the more there is to go wrong.
Secondly, the big brands tend not to make many combis (probably for the reason above), so the vast majority of models available are from cheaper own-brands, which aren't as high quality.

You may also find that 75% of the purchase price then is more than 75% of the price of an equivalent model now, so it's a good deal.

bod1467

Did they also refund you the cost of the report?

(Did they even request you get an independent report before they would make any sort of offer? Or did you just do that yourself anyway?)

rforster1

Yes they refunded the cost of the report at there request.

Best cost on an equivalent replacement is 77.50 more thatn the refund!

somethingcorporate

Yes but that is buying a new item and not a 16 month old one (which is what you lost).

It seems they've been very fair in this situation given in reality the rate of depreciation would be far higher than the value Argos have put on your refund.

neilmcl

I have to say OP that this is an instance where the retailer has acted very fairly and within the law.

Buzby

And your original settlement will preclude you from getting anything else. Their terms always stipulate full and final against all claims.