Returning a faulty product 2nd time around- warranty?

BlessingOfChaos

Hi all, so 3 Years and 1 month ago I purchased myself a new AOC computer monitor, it failed around 2 years ago, because it failed in 2 years and has a 3 Year Warranty AOC decided to replace it instead of repair it.
So I now have an AOC Monitor that is 1 Year old. This one has failed as of last week as well. I have contacted AOC who has informed me that the product is 10 days out of the original monitor's 3 Year Warranty and would not be covered.
So I emailed back saying that this was not an acceptable decision as the monitor was £300 and should not have failed in such a small amount of time, let alone twice on two different monitors and in such a serious way (Literally popping fuses instantly and requires me to trip the fuse on my house if I plug it in.) They have just replied saying they are not going to do any more because it is out of warranty, since the replacement was issued from AOC I'm assuming I stick with AOC and not the original shop who sold me the monitor? I'm really after help on where to go / what to do next, £300 is a high price among Computer Monitor's which makes this a product that should not fail in that short amount of time.

Thank you for your help.

Tyler119

I would contact the retailer now and see what they think of the situation. Any purchase should last a reasonable period of time, dependant on quality etc. IMPORTANT - The contract of sale was with the retailer and not the manufacturer, irrespective of who supplied the replacement monitor.

That sort of monitor should last years with no issues. I think you have a case to have them at least repair the new faulty monitor or perhaps supply you with a model that is equal to the one you have. My £120 Asus monitor has last 5 years so far with no faults. I would expect a £300 monitor to outlast my childrens childhood!

Don't stand for their its out of warranty by 10 days. Does not matter, tell them that it has not lasted a reasonable amount of time (the replacement) and that you have rights under the 2015 Consumer Rights Act and you should act on these.

Come back to us to update once you have spoken to the retailer. Who was the retailer? Just asking in the event that anyone else had dealt with them.

BlessingOfChaos

Tyler119 wrote: »

Come back to us to update once you have spoken to the retailer. Who was the retailer? Just asking in the event that anyone else had dealt with them.

Thanks for the quick reply, the retailer was SCAN who I must say, have always been a good company to deal with so far, I will contact them now and see what they say.

Tyler119

BlessingOfChaos wrote: »

Thanks for the quick reply, the retailer was SCAN who I must say, have always been a good company to deal with so far, I will contact them now and see what they say.

Love Scan, my current build was done all with parts from them. In fact every build I've done has been done with part from them.

I would be very surprised if you had issues with them. They will get in contact with the supplier themselves and I'm sure the supplier will want to keep them happy.

Good luck

unholyangel

If the retailer tries to disclaim liability due to it being replaced under warranty, remind them that the warranty formed part of the contract and that guarantees and warranties cannot operate as exclusion causes.

BlessingOfChaos

Michael
This is outside of warranty I'm afraid
And is also direct with AOC
I'd recommend speaking with them as they may still honour it

Chris
I have contacted AOC who have also said that the product is out of warranty by 10 days, It does not matter that tne product is out of warranty as the product has still not lasted for a reasonable mount of time and I will proceed through the Consumer Rights Act if necessary.

Michael
No problem, the warranty is now expired so we can't issue a return

Chris
I would not only be looking for a return, a repair would also be acceptable

Michael
Not possible I'm afraid, it's out of warranty

Chris
Is their anyone internally in SCAN that I could raise the issue with?

Michael
You're raising it with the right department, however there's nothing we can do with an out of warranty item

Edit ### Added More Below ###

Chris
A warranty is not the acceptable length of the return as the product is not fit for purpose as it should last a lot longer than it has currently. The Consumer Rights Act would cover me for a longer period than the warranty due to it being a high priced and high quality item.


Michael
To have any right of redress under current legislation you would have to prove to a judge in court that the item was sold with an inherent fault and was faulty at the date of original sale, without this you would have no legal right of redress at this time.

Chris
I would be happy to get the item inspected by an independent party before continuing if that is what you feel is appropriate. But the costs of that will also be passed onto you if it is found to be faulty.

Michael
That's entirely your choice, but the liability of proof lies with you and is not an issue or a cost we would need to legally bear.

Chris
Ok I will have to follow it down that route then. Can I please not just get someone there to contact AOC as SCAN to make sure they will not budge on this issue before we continue down this path, just to lessen the leg work for both sides.

Michael
Further it being currently faulty is entirely irrelevant to any legal claim, any claim at this stage can only be based on proof of an inherent fault at the day of sale to you by us.
I'm afraid we cannot provide further direct assistance with an out of warranty item.
Have a good day!

Im Chris of course, not budging on the issue

m0bov

Send them a LBA, they are denying your basic consumer rights. Write it and send it via e-mail but also by post. Give them 7 days to respond.

m0bov

P.S How did you pay for the monitor?

BlessingOfChaos

m0bov wrote: »

P.S How did you pay for the monitor?

I assume it would have been debit card unfortunately. It may have been PayPal and will check if that helps at all.

I have finished my chat with them now so ill update it all in the previous post.
Previous post updated now, yes he did basically just "hang up" at the end

fleshandbone

Thank you OP
Based on the response you received from Scan I will not be using them to purchase anything I will also advise everyone I know to NOT use scan.

m0bov

Was it failing on the same fault?