Replacing faulty goods with refirbished ones

Weaver7

My Mum's Kindle fire has failed just short of 10 months. Amazon have replaced it today with a refirbed one which is also faulty. Are Companies allowed to replace faulty goods with '2nd hand' ones?

I am not finding any answers when trying to google the question.

Thanks.

unholyangel

Well technically, the one they replaced was 2nd hand, iyswim?

The replacement only needs to be like for like. That can include age and condition.

Handsome90

Refurbished doesn't mean they are 2nd hand ones. These could have failed QC checks or returned within the returns policy. The refurbished kindles would have been checked and fixed so it is similar to buying a new one (like the battery life would be similar to a new device).

frugal_mike

But they aren't allowed to replace your mum's Kindle with one that is also faulty (whether second hand or not). What is wrong with the new one? What did Amazon say when you told them?

bod1467

All they have* to do is replace a 10-month-old faulty device with a (working) device that is no more than 10 months old. They could even have required the consumer prove that the fault was not user-caused (as it was more than 6 months since purchase).

* Unless there are express warranty terms that offer a new-for-old replacement. Warranty terms form part of the purchase contract.

InsideInsurance

In certain areas its common practice to send someone out with a refurbished unit that you give the customer, you take away their unit and refurb it and it then goes out to the next person with a fault. Each customer gets a fully working replacement and doesnt have any break in service whilst theirs is taken back to be repaired, parts ordered and redelivered etc.

The fact the replacement is faulty is obviously the problem, the fact its refurb is broadly irrelevant

Weaver7

Well Amazon are not budging. They will only send another refirbished one and they say I now only have a 90 day guarantee on it, and if I want a years guarantee I will have to purchase a new product!

stugib

Weaver7 wrote: »

Well Amazon are not budging. They will only send another refirbished one and they say I now only have a 90 day guarantee on it, and if I want a years guarantee I will have to purchase a new product!

The warranty period doesn't reset when you get a replacement, so you only had ~60 days warranty left on that.

Did you understand the rationale in the posts above? You won't get a new-for-old replacement, and even if you did it wouldn't have a full years warranty.

Weaver7

Yes I understand the rationale, but It doesn't mean I have to agree with it. I also understand a product has to be fit for purpose and when something develops a fault within an unacceptable timeframe, I shouldn't as a consumer just have to accept that. We all know electrnics is a throw away market these days and judging by the amount of forums and comlaints about kindles, Amazon are not selling products fit for purpose.

Bantex_2

Weaver7 wrote: »

Yes I understand the rationale, but It doesn't mean I have to agree with it. I also understand a product has to be fit for purpose and when something develops a fault within an unacceptable timeframe, I shouldn't as a consumer just have to accept that. We all know electrnics is a throw away market these days and judging by the amount of forums and comlaints about kindles, Amazon are not selling products fit for purpose.

My Kindle has been fine.

agrinnall

Do you understand that the warranty offered is in addition to your rights under the Sale of Goods Act? It seems you are getting the two mixed up. Even after the warranty has expired you can still expect resolution for a faulty product under SOGA, but you'll probably need to prove that the fault was inherent and not caused by misuse.