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Query over 'Last A Reasonable Time'

BeardyBloke
Posts: 14 Forumite
Hi there,
I purchased a Kindle Voyage back in September 2014 . This was placed as a premium product line, costing £169.
It has developed a fault charging and IO am trying to get it repaired or replaced, but Amazon say that since its outside the 1 year warranty I have to pay for a new device.
At the time the Sale Of Goods Act was in force, which I understand says that devices should last a reasonable length of time. Is that right? What happens when there isa a difference of opinion on what that reasonable time is?
I am arguing that I would expect a product like this to last more than 20 months and as such I'd like it repaired or replaced by them.
So I have a leg to stand on here?
How would this situation be handled under the current Consumer Rights Act?
Rob
I purchased a Kindle Voyage back in September 2014 . This was placed as a premium product line, costing £169.
It has developed a fault charging and IO am trying to get it repaired or replaced, but Amazon say that since its outside the 1 year warranty I have to pay for a new device.
At the time the Sale Of Goods Act was in force, which I understand says that devices should last a reasonable length of time. Is that right? What happens when there isa a difference of opinion on what that reasonable time is?
I am arguing that I would expect a product like this to last more than 20 months and as such I'd like it repaired or replaced by them.
So I have a leg to stand on here?
How would this situation be handled under the current Consumer Rights Act?
Rob
0
Comments
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You need to prove that you haven't caused the damage yourself, after 6 months. If you can prove its down to an inherent fault they have to refund (partially is possible) replace or repair. Their choice.
Charging ports and cables can be easily damaged. I know personally I am too rough on mine.
I believe after this length of time the resolution under the CRA would be the same.0 -
BeardyBloke wrote: »Hi there,
I purchased a Kindle Voyage back in September 2014 . This was placed as a premium product line, costing £169.
It has developed a fault charging and IO am trying to get it repaired or replaced, but Amazon say that since its outside the 1 year warranty I have to pay for a new device.
At the time the Sale Of Goods Act was in force, which I understand says that devices should last a reasonable length of time. Is that right? What happens when there isa a difference of opinion on what that reasonable time is?
I am arguing that I would expect a product like this to last more than 20 months and as such I'd like it repaired or replaced by them.
So I have a leg to stand on here?
How would this situation be handled under the current Consumer Rights Act?
Rob
You will need to get an independent report which highlights that the item is inherently faulty. You can the go back to Amazon with this report and request a repair/replacement or refund. Amazon gets to decide on the option, and if it is a refund it can be a part one to take into account the 20 months use you've had. You will also get the cost of the report back.
Sounds like it could be be down to wear and tear - The part you connect the charger to getting damaged by 20 months of use. Doesn't take much to damage this area of a tablet/device.
Edit - Cross posted with marliepanda, but I think you get the jist of it from these two posts.0 -
Thanks for the information. I appreciate that a charging port is going to be used heavily over the lifetime of the device, but I would expect that to be factored into the manufacturing process to harden this point. If a device has to be charged in this manner then it should be able to withstand the usage for the lifetime of the device.
Do you think that's fair? I appreciate I am on the inside of the issue so perhaps my viewpoint is skewed?0 -
BeardyBloke wrote: »Thanks for the information. I appreciate that a charging port is going to be used heavily over the lifetime of the device, but I would expect that to be factored into the manufacturing process to harden this point. If a device has to be charged in this manner then it should be able to withstand the usage for the lifetime of the device.
Do you think that's fair? I appreciate I am on the inside of the issue so perhaps my viewpoint is skewed?
No. Unfortunately, unless it's made with an inherent fault then it's down to user misuse.
Unless you put it in very slowly and carefully, and remove jt in the same manner (never yanking, like I do, never jamming it in upside down or backwards, like I do, never dropping it so it pulls the charger out, etc)
They do not have to make them to withstand 'misuse' however normal that might be.
If you're sure it's not due to you being rough with it, get the report.0 -
BeardyBloke wrote: »Thanks for the information. I appreciate that a charging port is going to be used heavily over the lifetime of the device, but I would expect that to be factored into the manufacturing process to harden this point. If a device has to be charged in this manner then it should be able to withstand the usage for the lifetime of the device.
Do you think that's fair? I appreciate I am on the inside of the issue so perhaps my viewpoint is skewed?
As with everything, depends how its used. Some people are rough when the plug in and take out the charger and some are gentle.
Only way you're going to find out is by getting an independent report. Although be aware that if the fault is down to your use, then you will be down the cost of the report. Might be worth just asking how much it would cost to replace the charging connector.0 -
BeardyBloke wrote: »Hi there,
I purchased a Kindle Voyage back in September 2014 . This was placed as a premium product line, costing £169.
It has developed a fault charging and IO am trying to get it repaired or replaced, but Amazon say that since its outside the 1 year warranty I have to pay for a new device.
At the time the Sale Of Goods Act was in force, which I understand says that devices should last a reasonable length of time. Is that right? What happens when there isa a difference of opinion on what that reasonable time is?
I am arguing that I would expect a product like this to last more than 20 months and as such I'd like it repaired or replaced by them.
So I have a leg to stand on here?
How would this situation be handled under the current Consumer Rights Act?
Rob
Also the Amazon company you purchased the item from is probably not a UK company, which is likely to mean it will be more difficult for you to take legal action against them.
Personally I would feel aggrieved in your situation as I would feel a Kindle Voyage should have lasted much longer (especially as you say it is a premium product). However I am not sure I would do anything beyond making my feelings clear to Amazon. (I would not be surprised if Amazon look at your previous dealings with them and make a commercial decision on whether it is likely to be in their interests to offer you some redress.)
You may also wish to bear in mind their legal structure when buying certain goods from them in future.0 -
Is a £169 tablet a premium item? Compared with an iPad, for instance?
I agree that 20 months isn't great, but how much extra life is 'reasonable', and then dividing that into the price, the 'value' at the moment may be very little that you'd be chasing. £20-odd maybe?0 -
Is a £169 tablet a premium item? Compared with an iPad, for instance?
I agree that 20 months isn't great, but how much extra life is 'reasonable', and then dividing that into the price, the 'value' at the moment may be very little that you'd be chasing. £20-odd maybe?
It's a e-reader, not a tablet. At the time of launch it was positioned as their premium ereader offering.
After a little arguing and noise-making Amazon have now agreed to replace the device. I would have been happy with just a repair but it seems they do not repair Kindles themselves, at least not as a service to customers. Perhaps they gut and reuse components from returned devices.0 -
Is a £169 tablet a premium item? Compared with an iPad, for instance?
I agree that 20 months isn't great, but how much extra life is 'reasonable', and then dividing that into the price, the 'value' at the moment may be very little that you'd be chasing. £20-odd maybe?
OP actually said it was placed as a premium product line - which it most certainly is - its a high end kindle rather than one of the cheapest ones.
I'd also point out that kindles are generally classed as e-readers rather than tablets. Even the newer ones still have limited capability compared to a tablet.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
unholyangel wrote: »OP actually said it was placed as a premium product line - which it most certainly is - its a high end kindle rather than one of the cheapest ones.
I'd also point out that kindles are generally classed as e-readers rather than tablets. Even the newer ones still have limited capability compared to a tablet.
Whilst it can't do everything some of the pricier tablets do the Kindles (other than those purely sold as ereaders, such as the paperwhite) are actually pretty handy. You can surf the web, take pictures, download and watch videos, bbc iPlayer, access your e-mail etc.
Posting this from my kindle fire. :T0
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