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Asda Black Friday - Won't honour manufacturers warranty

mckaymmc0
mckaymmc0 Posts: 19 Forumite
Tenth Anniversary 10 Posts Combo Breaker
edited 8 January 2014 at 9:27PM in Consumer rights
Hi, hope someone can help with this issue.

Asda 32" LCD purchased during the 'black friday' sale has a fault in the volume is stuck. So I Contacted the Polaroid warranty (Asda helpline) who advised to take it back to store for exchange. We contacted our local store who didn't have any in stock but where expecting a delivery and advised to call back. When we call back we were told that the TV is no longer in sale.

Now Asda are stating that they are not obliged to repair and we are only entitled to refund. Problem is the refund value will allow us to purchase a 19" TV when we gave away a 22" TV as we thought we had a 32" TV.


Can a manufacturer refuse to honour a guarantee and can Asda as the manufacturer agents refuse to provide this guarantee on the basis they will provide a refund.

Thanks in advance


Martin
«1345

Comments

  • In the event of faulty goods for which a retailer is liable for, they have the option to repair, replace or refund.
    You can state your preference but the retailer can decline this choice if it is too costly compared to one of the other options.

    Without knowing what the T&C's of the warranty are it's impossible to say if ASDA are allowed to simply offer a refund instead of a repair, but I wouldn't be surprised if what they are doing in within the terms.
  • mckaymmc0
    mckaymmc0 Posts: 19 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Shaun

    I understand that view point from the retailer but Asda are also the manufacturer's agent in this country. What are my legal rights with the manufacturer?

    I work next to Asda HQ so they are getting a hand delivered letter tomorrow.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    mckaymmc0 wrote: »
    I understand that view point from the retailer but Asda are also the manufacturer's agent in this country. What are my legal rights with the manufacturer?

    Your legal rights with the manufacturer are nothing more than those rights afforded you by the manufacturer's warranty.

    As Shaun said, without the warranty terms it is difficult for anyone to explain in any more detail than that.
  • mckaymmc0
    mckaymmc0 Posts: 19 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    noted, will read the box warranty in detail tonight.

    One thought though, Asda are selling the exact same TV online. Just because I purchase the TV in a sale why do I loose my right to an exchange?
  • frugal_mike
    frugal_mike Posts: 1,687 Forumite
    mckaymmc0 wrote: »
    noted, will read the box warranty in detail tonight.

    One thought though, Asda are selling the exact same TV online. Just because I purchase the TV in a sale why do I loose my right to an exchange?

    You have no right to an exchange, you have a right to a remedy. As mentioned above that remedy can be either an exchange, repair or refund. You can state which you prefer, but can't force the retailer into an option that is more expensive than one of the others.

    Since you bought the item in a sale its entirely possible that you paid less than Asda's current wholesale price, so the refund would be cheaper. Technically you could ask Asda to prove that I guess, but I'm not sure you would get anywhere.

    Also its entirely possible that the online site is operated by a different company, so you would have no right to any of the online tv's no matter what they cost.
  • SuperHan
    SuperHan Posts: 2,269 Forumite
    Part of the Furniture 1,000 Posts
    It all depends what is in the warranty in the box.

    With electrical items, it is not uncommon for the retailer to purchase an item without any manufacturers warranty, and instead underwrite any warranty repairs themselves. In this case, there will not be any *manufacturers* warranty as such, but Asda will be bound by any terms they have advertised as part of a warranty.

    Then again, I'm not sure you would be able to force them to act under the warranty, as at the end of the day the SoGA supersedes any warranty, and they could I guess just offer a remedy under that, which is a refund.
  • mckaymmc0
    mckaymmc0 Posts: 19 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Check the warranty and there isn't one as such but a telephone number (asda) and statement they will provide a full refund if they cant resolve over the phone. Basically no UK repair service.

    Also Asda have confirmed the mdeo we have purchased was made for the sales only so no exchange is available even though the only difference is a remote control (two buttons).

    SOGA offers refund, repair or exchange but Asda

    Don't offer a repair service
    Wont exchange (unique product reference number)
    Will refund

    While this may be legal it is very sharp business practice and they should be honest when they offer these products in sales.

    Disgusted.com
  • molerat
    molerat Posts: 35,143 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Asda is the exclusive retailer in the UK and as such they hold all of the stock and will deal with all of the warranties
    January 20, 2012 - Asda today announces a bold new partnership with Polaroid, the company famous for instant film cameras. The partnership will see the availability of Polaroid products in the UK exclusively through Asda stores from July 21st.
    ................................

    The full Polaroid range, which will include audio products, launches officially on 21st July and is exclusive to Asda. All Polaroid products are available in larger Asda stores and online from http://direct.asda.com/Polaroid-Shop.
  • molerat wrote: »
    Asda is the exclusive retailer in the UK and as such they hold all of the stock and will deal with all of the warranties

    They only offer refunds and not warranty repairs.

    Also left two reviews on their website, one good and one bad - guess which was was posted. You cant even trust Asda's reviews as they only post positive reviews.

    Asda seem to be a very distrustful compnay
  • mckaymmc0 wrote: »
    They only offer refunds and not warranty repairs.

    Also left two reviews on their website, one good and one bad - guess which was was posted. You cant even trust Asda's reviews as they only post positive reviews.

    Asda seem to be a very distrustful compnay

    No idea how it's sharp practice - that'd be telling you to do one and not helping at all.
    They've fulfilled their obligations, seems fine to me
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