Advice please

ropper

I bought a bosch leaf blower from amazon in October 2013. its been used 4 times since then twice that year and twice in 2014.
I've gone to use it today and its totally dead, Ive checked fuse etc and all ok. I bought it using a credit card too so what rights do I have to get it repaired or replaced as it obviously hasn't met the fit for use requirements and is just out of warranty

naedanger

ropper wrote: »

I bought a bosch leaf blower from amazon in October 2013. its been used 4 times since then twice that year and twice in 2014.
I've gone to use it today and its totally dead, Ive checked fuse etc and all ok. I bought it using a credit card too so what rights do I have to get it repaired or replaced as it obviously hasn't met the fit for use requirements and is just out of warranty

Your rights are against the retailer (and the credit card company jointly if it was more than £100).

If the item was not of satisfactory quality when you bought it (e.g. not sufficiently durable) then the retailer should repair or replace it or, more likely offer a refund reduced for the use you have already had. The test of satisfactory quality will allow for the purchase price i.e. you would expect a longer life from an expensive item than you would from a cheaper one.

In practice you will probably find it difficult to get the matter remedied to your satisfaction. The retailer will probably dispute that they are liable e.g. they may dispute that the item was inherently faulty (in other words deny that it was not sufficiently durable when you bought it). You would then need to take the case to court and prove on the balance of probability the item was inherently faulty. To do this you are likely to need an independent report to support your case.

NotRichAtAll

Am not sure where you get the "not fit for use" from you used it twice in 2013 and twice in 2014 it was fine then and fit for use was it not?

ropper

Fit for purpose I should of said. I think anyone would expect something to work more than 4 times especially from a company like Bosch

LABMAN

ropper wrote: »

Fit for purpose I should HAVE said. I think anyone would expect something to work more than 4 times especially from a company like Bosch

How can you prove it's only been used four times? You could have used it every day for three years for all they know.


Bosch are not 'high end' BTW.

wealdroam

ropper wrote: »

Fit for purpose I should of said. I think anyone would expect something to work more than 4 times especially from a company like Bosch

But at the time of sale it was "fit for purpose".

However, it may not have been "durable", "having due regard for the price paid and all the other relevant circumstances" (from Section 14 of The Sale of Goods Act).

Have you read MSE's Consumer Rights guide yet?

LABMAN

Read the 'stickies' and you will find out what to do.

ropper

LABMAN wrote: »

How can you prove it's only been used four times? You could have used it every day for three years for all they know.


Bosch are not 'high end' BTW.

They may it be but now but you would expect their products to last longer than this I've got other Bosch products that have been abused over the years and still work as new

I can't prove it but if they were to physically look at it they see it's still brand new even the the insides of it (what can be seen)are

LABMAN

ropper wrote: »

They may it be but now but you would expect their products to last longer than this I've got other Bosch products that have been abused over the years and still work as new

I have no idea what you are saying? Are you saying you have selectively chosen not to abuse it?

Fosterdog

You'd need a report to show that it's a manufacturing fault and not something like damp from poor storage, small mouse getting inside (if there are exposed internal like you said) and damaging it, being dropped.

Plenty of reasons for it to fail after two years with just four uses that are nothing to do with the way it was manufactured.

atrixblue.-MFR-.

You have to look at from both sides, Bosch will say, Its durable, that you stored it incorrectly. due to the time that's lapsed, YOU have to prove you stored it correctly, Then bosch will say, You didn't adhere to the operating manual and that user error caused the issue of failure, you will then have to disprove that aspect, They will then turn around and say, your word of only using it 4 times is untrue and you saying it is becomes a MUT POINT, and a court will also say you cant prove nore disprove so its discounted from being a factor in the case.


So then we move onto what the SOGA.
Passage of time is an issue here for you!
Your going to have to get a report done at your expense at a qualified repair techs shop (not cheap) as he MAY also have to turn up at court ALSO most are reluctant to ad their name to such reports never mind turn up at court to back up his report, all this to find out it MAY or MAY NOT be what you were hoping for in that its a manufacturers defect, or corrosion to the motor/wires through poor storage.


Whats the cost of a new leaf blower or simple repair VS the cost of court plus engineer tech report, and his fee for attending court if need be?


Personally I would put it down to a life experience of not to by that brand again and invest in something that has good reviews, good durability and longevity.


seriously bosch used to be pretty decent products, but the last 15years or so they become a "get me by" brand where if your good one fails you have that one to get on with till you replace it.


Ive thrown god knows how many strimmer and mowers away after only 1 years use out of them.


http://www.amazon.co.uk/Makita-ZMAK-BHX2501-24-5cc-Stroke-Petrol/dp/B004Z55FTC


http://www.amazon.co.uk/dp/B0036WTEKQ/ref=pd_lpo_sbs_dp_ss_1?pf_rd_p=569136327&pf_rd_s=lpo-top-stripe&pf_rd_t=201&pf_rd_i=B004Z55FTC&pf_rd_m=A3P5ROKL5A1OLE&pf_rd_r=1AZ6NW0WFKVKC3JS5NA8


Two of some decent entry level leaf blowers, maintenance is pretty low at a indy service shop, Plugs gasgets, new heads etc. I paid £45.00 for a new 4 stroke head on a similar product INC fitting and new plug leads and pull chord at my local chainsaw repair shop.