Question around consumer rights following repair - ASUS tablet

sparkyrob

Hi,

I bought a Asus Google Nexus tablet back in May 2014 from a third-party seller on Amazon.

Within seven months it had developed a fault with a loose charging port, so I contacted ASUS who arranged for it to be returned and repaired/replaced. I got it back in January 2015, though I am uncertain whether it was actually a repair or a brand new tablet.

Now, in April 2017, the same issue has happened again. I contacted ASUS who have responded with this:

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Thank you for your email.

As the last repair was over two years, we assume the unit is out of warranty.

As the manufacturer we offer a factory repair warranty of 12 months on the model you have purchased, calculated from the date of purchase as stated on the proof of purchase. When faults are reported with us within this given time frame we will be able to offer a repair to be conducted covered by the given repair warranty. When the fault is reported with us when being outside of this given period, we can only offer an out of warranty repair which is chargeable.

If you find the offer above unacceptable, please contact your seller to be granted with a suitable solution. Only the seller has an obligation of 2 years towards the end user and only they can offer and grant other solutions as stated in the sales of goods act and EU consumer rights. Please note that ASUS does not sell any products directly to end users and therefore cannot be seen as the seller.

Please see the link: http://europa.eu/youreurope/citizens/shopping/shoppingabroad/guarantees/index_en.htm
http://www.legislation.gov.uk/ukpga/1979/54

Due to the warranty status of the unit, please contact the seller.
Our apologies for the inconveniences caused to you.
Should you have any questions regarding the above, please do not hesitate to contact us.

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I'm now unsure where I stand - this is clearly a known issue with the model but given it's been over two years since they repaired/replaced it, I am unsure whether I have any rights regarding "reasonable quality" etc.

Can someone help? Thanks

Labsuper

As ASUS stated any rights you have are with the the seller. What did they say when you contacted them?

sparkyrob

I haven't contacted them yet - I was unsure that given the item was sent to ASUS to repair and possibly replace, whether the seller would cover it.

I'll drop them a note!

unholyangel

sparkyrob wrote: »

I haven't contacted them yet - I was unsure that given the item was sent to ASUS to repair and possibly replace, whether the seller would cover it.

I'll drop them a note!

You have no contract with ASUS, only the retailer. Part of the retailers offer to you was x tablet with a 12 month manufacturers warranty.

So asus were basically providing a remedy under the terms of the contract you had with the retailer. In consumer contracts, you cannot sign away your statutory rights by exercising a contractual right.