Argos

Sunse66

I bought a tumble dryer from Argos 12 months and two weeks ago. It has broken down.

Their on-line 'help-chat' person told me that it had 5 years warranty. However, when I asked if this was parts only or included labour, they 'assured me the repair would be to the best standard' ...eh? Guessing this was either a bot or off-shore person who didn't understand the question.

So, I completed the online email query:
"This item has broken down twelve months and two weeks after purchase. I am advised that under the Sale of Goods Act, it is reasonable to expect a full repair or replacement product. Please tell me how you wish to proceed."

Next, I get a phone call, saying that as it was over 12 months old, then basically, tough. So I asked them to confirm their position in writing.

Next, I get their email: "I am sorry to read that your condenser dryer has broken, unfortunately as the item is outside the 12 month guarantee we would require an independent report. Please arrange for an accredited engineer to carry out an inspection and give you a report."

Is this correct? I thought, that the tumble dryer should have been fit for the purpose supplied, and sufficiently durable. I expect that an expensive piece of white goods should have lasted longer than 1 years and 2 weeks with less than average use due to an excellent summer.

Do I have to pay out for the independent engineer's report? If so, can I also pursue them for compensation for my time? I simply want a faulty item either repaired or replaced.

powerful_Rogue

You seem to be getting the two confused.

With the Sales of Goods Act - as the item is over 6 months old, the onus is on you to prove the item is inherently faulty. You will need to get an independent report. If the report states the fault is inherent, Argos will have to remedy the situation and refund the cost of the report.

If your claiming under the 5 year warranty, you will have to abide by the terms of that warranty.

JJ_Egan

SOGA
As above you need an independent engineers report to prove the fault . Cost can be claimed back if you are able to claim under SOGA.

Warranty is not soga and may be the manufactures additional warranty or an insurance warranty policy paid for .
If so you need to read the terms and conditions as it may be a longer warranty than the basic 12 months .
Check with the handbook for manufactures warranty first .

Sunse66

If they insist on an engineers report (which seems unfair when the breakdown is so soon into a products reasonably expected lifetime!) can I also pursue them for my consequential losses such as time spent sorting this out and related loss of income?

powerful_Rogue

Sunse66 wrote: »

If they insist on an engineers report (which seems unfair when the breakdown is so soon into a products reasonably expected lifetime!) can I also pursue them for my consequential losses such as time spent sorting this out and related loss of income?

You can ask, however legally they don't have to compensate for time etc. Mainly because the legislation says the onus is in on to prove the item is inherently faulty.

Sunse66

Isn't a breakdown after such a short time evidence in itself of inherent fault? Surely goods supplied must be fit for purpose?

powerful_Rogue

Sunse66 wrote: »

Isn't a breakdown after such a short time evidence in itself of inherent fault? Surely goods supplied must be fit for purpose?

Not according to the Sales of Goods Act. That stipulates that after 6 months the onus is on you to prove the item is inherently faulty. The only way of doing this is via an independent report.

JJ_Egan

Sunse66 wrote: »

Isn't a breakdown after such a short time evidence in itself of inherent fault? Surely goods supplied must be fit for purpose?

No as it does not rule out misuse overloading foreign objects etc etc .
If you want to make a claim as not fit for purpose then you can just say so or send a letter . If you want to invoke not fit for purpose under sale of goods act then you haver to follow that law .

vacationgirl

I am confused here, if an item has a 5 year warranty surely that means that if it breaks down then it is covered for either replacement or repair?
I have had a similar thing happen to me today.I returned an iron to Argos which stopped working after 14 months.The iron was guaranteed for 2 years.I took out extra cover for a further 2 years when I purchased it 14 months ago. Argos said as the iron was purchased over a year ago it was tough, then I showed them the extended warranty then relented and exchanged the iron but stated that the warranty was now nil and void as I had made a claim on it. I am confused, shouldn't they have replaced under the manufacturer's 2 year guarantee anyway and not because of the extended warranty?

powerful_Rogue

vacationgirl wrote: »

I am confused here, if an item has a 5 year warranty surely that means that if it breaks down then it is covered for either replacement or repair?
I have had a similar thing happen to me today.I returned an iron to Argos which stopped working after 14 months.The iron was guaranteed for 2 years.I took out extra cover for a further 2 years when I purchased it 14 months ago. Argos said as the iron was purchased over a year ago it was tough, then I showed them the extended warranty then relented and exchanged the iron but stated that the warranty was now nil and void as I had made a claim on it. I am confused, shouldn't they have replaced under the manufacturer's 2 year guarantee anyway and not because of the extended warranty?

Sales of Goods Act - After 6 months the onus is on you to prove it is inherently faulty.

Manufacturers warranty - You deal direct with the manufacturer.

Extended warranty - You take back to the shop where you purchased the extended warranty.

You chose to use the extended warranty, which is completely separate from the manufacturers warranty.

shaun_from_Africa

vacationgirl wrote: »

shouldn't they have replaced under the manufacturer's 2 year guarantee anyway and not because of the extended warranty?

No.
The manufacturers warranty (if one is supplied) is a contract between the purchaser and the manufacturer and generally doesn't involve the retailer.
Argos normally provide their own warranty of 1 year on goods that they sell and the extended cover that you took out was to extend this. As you returned the iron to Argos, they would have replaced the iron under their own warranty.
The manufacturers guarantee would only have come into play had you contacted them about the faulty iron and stated that you wished to claim under their guarantee.