Consumer rights for replacement goods

sturo

Hello,

I've looked for some info on this online and around MSE but am still unclear, so I wonder if someone can help.

I bought a four-slice toaster in October 2013, one side of which stopped working in July 2015. As it was still in warranty, the manufacturer replaced it. Now, the same fault has occurred on the replacement toaster, but the initial response from the manufacturer is that they will not replace it this time as the original toaster is now out of warranty.

Regardless of warranty, what are the consumer rights for replacement items? Do a consumer's rights "start afresh" on receiving a replacement item and therefore should I be expecting the manufacturer to replace the replacement?

Furthermore, I think it would be reasonable for a toaster to last for longer than 2 years and 10 months in the first place, so would it not be the case that I am within my rights to ask for a replacement anyway?

Thanks :-)

wealdroam

sturo wrote: »

Hello,

I've looked for some info on this online and around MSE but am still unclear, so I wonder if someone can help.

I bought a four-slice toaster in October 2013, one side of which stopped working in July 2015. As it was still in warranty, the manufacturer replaced it. Now, the same fault has occurred on the replacement toaster, but the initial response from the manufacturer is that they will not replace it this time as the original toaster is now out of warranty.

Regardless of warranty, what are the consumer rights for replacement items? Do a consumer's rights "start afresh" on receiving a replacement item and therefore should I be expecting the manufacturer to replace the replacement?

Furthermore, I think it would be reasonable for a toaster to last for longer than 2 years and 10 months in the first place, so would it not be the case that I am within my rights to ask for a replacement anyway?

Thanks :-)

Firstly, you consumer rights lie with whoever sold the toaster to you. Did you buy it direct from the manufacturer?

Although not quite your scenario, this short extract from MSE's Consume Rights guide may help:

Know who's responsible

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with it.

Secondly, a manufacturer's guarantee/warranty is in addition to your statutory rights, and the manufacturer's obligations will be stated in the guarantee documentation. So if the guarantee has expired, the manufacturer owes you nothing.

It is quite usual for a guarantee term not to restart when a product is replaced under guarantee, in fact, I have never seen a guarantee where the clock starts again when the item is replaced.

societys_child

As above ^, the manufacturer replacing an item under their warranty does not normally reset the warranty period.
The lifetime of a toaster could depend on price, usage etc.

anmarj

As it is over 6months the onus would be on you to prove the toaster was inheritly faulty, and although you would have to pay it, you would only get the money back if the report went in your favour.

JJ_Egan

Three year old toaster any refund would take into account the usage and make a large deduction .