CURRYS won't replace a faulty item

Fruitcake

Mrs Cake bought a Daewoo DVD recorder last November from Currys on line. So that I didn't have to cut a huge hole in a built in unit, I cut the moulded mains plug off, poked the lead through a small hole and then fitted a new standard UK plug.
The recorder packed up a few days ago so I 'phoned the helpline. Either I can have it collected or take it to a local store. Local store is quickest so off I went.
They have confirmed that the item is faulty, but they say that changing the plug has invalidated the guarantee. Neither they nor I can find this (or the opposite) in writing in the maker's handbook or Currys' Ts and Cs, but they are adament that this is the case.
The manager is going to 'phone the manufacturer on Monday. If Daewoo say that changing the mains plug does not invalidate the Daewoo guarantee, then Currys will replace or refund the item. No problem. If however they say the same thing, then I need a robust response.
I have trawled the Electrical Regulations, OFT, UK Gov Consumerdirect etcetera but can find nothing specific.
I know that changing the plug cannot possibly have induced a fault 8 months later. I know that the statement that by changing the plug I have invalidated the guarantee constitutes an unfair contract clause. I just need written proof before I go back to Currys.
If the item had come with a Currys guarantee, then my beef would only be with Currys. My (wife's) contract is with Currys, but the guarantee is with Daewoo. In this instance Currys are correct in querying this problem with Daewoo first. The problem will be if Daewoo say the same as Currys.

The implication is that if anyone changes a plug on any electrical item bought from Currys for any reason, the guarantee will be invalid.

What I am after is any legal precedent or statement that changing a plug will not invalidate a guarantee.

Thanks in advance

Fruitcake

You Only Listen To Me When I'm Wrong

emmaroids

they do state that the warranty is invalid if any parts have been tampered with and that will include the moulded plug.
sucks i know but you have tampered with it so without been to rude i would say your !!!! outa luck.

you didn't change the plug though, you cut a moulded plug off and that would be tampering.

jobbingmusician

DH, a qualified domestic appliance engineer, thinks Currys are potentially on dodgy ground. If you have a problem, go direct to Trading Standards. Of course it is important that the plug was fitted properly, but this should be easily demonstrable.

DH also pointed out that where appliances are sold with a moulded plug, it is a legal requirement that there is a little sticker on the lead telling you how to wire a plug. This reminder may come in VERY useful! It implies that the plug is replaceable if you bend one of the contacts, for example.

Blacksheep1979

If you happened to have a friend who is an electrician do it that may change the situation...

Also whilst it may invalidate the warranty it won't get them out of their duties under the sale of goods act.

Fruitcake

No, they don't state that the warranty is invalid if any parts have been tampered with. That is my point. As I said in my original post, it doesn't state this on Currys Ts and Cs, and it doesn't state it on the Daewoo guarantee.
The Daewoo guarantee actually states as an instruction: -
"In the event of a breakdown please refer to your instruction manual and check all plugs, fuses, and electricity supply."

You can't check a moulded plug in isolation without destroying it, therefore to comply with the manufacturers instructions it must be permisable to replace the plug afterwards.

UK Electrical Plug and Socket Regulations permit changing a European plug to a UK plug on an appliance. There is nothing prohibiting the changing of a UK plug, therefore it is permitted by omission. In other words, I can legally change the plug on my DVD recorder, providing I comply with UK electrical regulations. Therefore if it is legal to change it, a clause in a contract preventing me from doing so is unfair.

As I said before. Currys cannot provide me with anything in writing to say that changing the plug has invalidated the guarantee. They cannot even provide anything in writing that says changing any part will invalidate the guarantee.

Fruitcake

You Only Listen To Me When I'm Wrong

deanos

Whats it got to do with Daweoo, your contract and warranty is with Currys nothing to do with Daweoo

jobbingmusician

deanos wrote: »

Whats it got to do with Daweoo, your contract and warranty is with Currys nothing to do with Daweoo

Agreed.

Twice, because Martin says I can't just put 'agreed', the message is too short! :rotfl:

Fruitcake

Yes, my contract is with Currys, but they sold the item with a Daewoo guarantee. It is confusing and frustrating I know but having looked this up on various UK Government web sites I believe Currys are correct.
When you buy an item you have statutory rights. In addition you may be given a guarantee or sold a warranty. The retailer does not legally have to give you a guarantee by law, and if they do it does not have to be their own.
In this instance any claim under my statutory rights is with Currys, (Sale of Goods Act, Trades Descriptions Act etcetera,) but any claim under warranty is with Daewoo through Currys as their agent.

I will await Daewoo's decision first as their answer may resolve my immediate problem.
Aplogies for repeating myself but what I'm after is proof that any company that imposes a "get out of guarantee" clause, espescially an unwritten one, is illegal.

I'm having problems with the "Thanks" button so, thanks for your replies.

Fruitcake

You Only Listen To Me When I'm Wrong

Contains_Mild_Peril

Fruitcake wrote: »

No, they don't state that the warranty is invalid if any parts have been tampered with. That is my point. As I said in my original post, it doesn't state this on Currys Ts and Cs, and it doesn't state it on the Daewoo guarantee.
The Daewoo guarantee actually states as an instruction: -
"In the event of a breakdown please refer to your instruction manual and check all plugs, fuses, and electricity supply."

You can't check a moulded plug in isolation without destroying it, therefore to comply with the manufacturers instructions it must be permisable to replace the plug afterwards.

You have, then, found the most relevant part of the guarantee blurb. It's there in black and white. Daewoo don't really have a leg to stand on if they try to argue with you.

taxiphil

Forget the warranty. The Sale of Goods Act is all you need to concern yourself with here. Warranties are meaningless twaddle given out by retailers and manufacturers to distract people from the fact they have far greater rights under the SoGA, completely free of charge.

Is it reasonable under the SoGA that a DVD recorder should pack up in 8 months? Definitely not. Would a court decide the failure was caused because you changed the plug? Almost certainly not.

Simply fire off a standard Letter Before Action to Currys HO (Recorded Delivery) giving them 14 days to repair or replace, otherwise you'll issue a County Court claim.

Trust me, it's the only language these companies understand.

Blacksheep1979

Fruitcake wrote: »

Yes, my contract is with Currys, but they sold the item with a Daewoo guarantee. It is confusing and frustrating I know but having looked this up on various UK Government web sites I believe Currys are correct.
When you buy an item you have statutory rights. In addition you may be given a guarantee or sold a warranty. The retailer does not legally have to give you a guarantee by law, and if they do it does not have to be their own.
In this instance any claim under my statutory rights is with Currys, (Sale of Goods Act, Trades Descriptions Act etcetera,) but any claim under warranty is with Daewoo through Currys as their agent.

I will await Daewoo's decision first as their answer may resolve my immediate problem.
Aplogies for repeating myself but what I'm after is proof that any company that imposes a "get out of guarantee" clause, espescially an unwritten one, is illegal.

I'm having problems with the "Thanks" button so, thanks for your replies.

Fruitcake

You Only Listen To Me When I'm Wrong

Yup the waranty is in addition to your rights under the sale of goods act - you don't need to claim under the waranty as even if you had removed the waranty void if sticker removed sticker you'd be protected under the sale of goods act.

Basically as taxiphil says - write to curries, set out you position and let them know you are willing to take it as far as necessary and that may incurr further cost to them.