Replaced item faulty x4

Nicki85

Hello!
I was wondering if some of you nice people may be able to provide some thoughts or advice on this...

13months ago I bought a tracking collar for my dog. The collar has broken, and been replaced by a brand new one, 3 times to date. The last time it was replaced by a newer model... Unfortunately about a month after being replaced this has also broken so I'm on the fourth broken collar in just over a year

I've emailed the company and will see what they say. I'm ready for a refund now as I have no faith in the product but I guess that's unlikely as it's out of warranty. I've looked through the sales of good act and guess I've got some rights under the fit for purpose bit if they quibble over replacement...

Any thoughts? It's not clear whether the warranty lasts from the original date of purchase or re-starts when you get an item replaced with a brand new one. I certainly know now that I need to ask the question if it happens to me again!!

Thoughts appreciated on if you think I can ask for a refund, if the warranty re-starts and my rights under the sales of goods act... Not asking for much I know!!

WTFH

How is it "broken"?

Nicki85

It doesn't do anything... literally no lights, no response when I try to contact it via text to ask for location. It's dead It was working this morning intermittently but this evening it has no lights on, tried charging it- still no lights and there were no low battery warnings.


(edited to add that the collar is still intact and only shows the wear and tear as expected of a dog wearing it in a muddy forest which in theory it is designed for).


The other three have gone a similar way, I accepted the replacement of the newer model in the hope it would last longer!!


I've just seen on their website that they have a charge of £80 if the item breaks out of warranty. I just don't see why I should have to pay that for an item that has broken after a month of use... That's why I thought the SOGA might be of use as in theory it's out of warranty now.

unholyangel

By the company do you mean the manufacturer or retailer? Warranty is usually with the manufacturer but SoGA rights are with the retailer.

If its been over 6 months from purchase, they may require you to obtain an independent report stating the fault is inherent. The cost of which would be refundable if found in your favour.

They are also entitled to reduce any refund to take into consideration use you have had of the item. They may also try to refuse to deal with it since you have a different model but if it was replaced under warranty just point out the warranty formed part of the contract at time of sale. They may also want to repair/replace however you could argue 4 replacements is taking the mickey (even if they weren't replaced by the retailer, they were replaced under the terms of the contract).

Nicki85

Hmmm I think the manufacturer is the retailer... They only sell these collars and they produCe them themselves.

Thank you for the advice I'm not sure if it was replaced under warranty- they only upgraded as I complained that i didn't want another version of the same collar as it was clearly not fit for purpose. And that was all during the warranty period though. But I guess the new model could be seen as a goodwill gesture?!

It's just so frustrating I'm now a month out of warranty and the new model has broken and that's only a month old as well!

unholyangel

Nicki85 wrote: »

Hmmm I think the manufacturer is the retailer... They only sell these collars and they produCe them themselves.

Thank you for the advice I'm not sure if it was replaced under warranty- they only upgraded as I complained that i didn't want another version of the same collar as it was clearly not fit for purpose. And that was all during the warranty period though. But I guess the new model could be seen as a goodwill gesture?!

It's just so frustrating I'm now a month out of warranty and the new model has broken and that's only a month old as well!

If retailer and manufacturer are one in the same then they shouldn't even try to use the replacement as an excuse not to fulfil their obligations under SoGA but as above, they may require a report stating the nature of the fault.

Nicki85

Well, still not heard from the company!


But I have sent another email as a week ago I paid for the "annual membership" which is basically a phone contract so the collar can send and receive text messages to tell me where the dog is. I'm not sure if it's really membership or a contract or just goods... I never received a contract, just an invoice for this.


Anyhow, I've emailed them and asked them to cancel and refund the membership for now as I am still within the 7 day cooling off period. I'm aware though that the 7day cooling off period doesn't apply to everything and as I never had a contract I'm not sure if it applies to this lol.