Partial refund for out of Warranty item - help required

adon30

So will give a quick history.


I have a tablet that has developed a fault. This has been confirmed by manufacturer. However I did not purchase from the manufacturer and bought through a 3rd party authorised dealer (as it was more convenient at the time). Item originally cost over £700 and is now over 2 years old so out of manufacturer warranty.


So I have contacted the retailer after having the fault confirmed by manufacturer and they have agreed to a partial refund under consumer rights.


Great! you may think. However I have a problem in that the amount they are offering is below any amount I would be able to purchase a replacement for.
So a refurbished/ 2nd hand replacement (as no longer available new) from manufacturer is close to £600 and from other sources including refurbished retailers and eBay etc is £330-£400.


However I have only been offered just over £200 as a refund from the retailer. This does not reflect the current 'market value' of replacing the item and all I want at the end of the day is for it to be still working. I requested that they review the offer on the telephone but they said that is all that they would offer and if I did not accept that they would close the case.


So where do I stand? I'm finding it difficult to find any actual information on this and the link to 'How are partial refunds for price/age/usage calculated' did not yield anything.
Can I expect them to pay 'reasonable' market value of the item or are they within their right to pluck a figure out and say accept it or not?

Blackbeard_of_Perranporth

Your item is out of warranty, their offer of £200 reflects this and your use of the trinket since new.

pinkshoes

How long would you suggest the tablet to last?

I'd say 4 to 5 years is reasonable for a tablet. Their offer of £200 is a little mean. I'd see if they could up this to £350.

McKneff

Have a look on ebay, see how much they are selling for on there, like for like.

Out of warranty? They could just as easily said tough luck, leaving you to get it tested for an inherent fault and not finding one. Leaving you even more out of pocke t

adon30

The consumer rights and sales of goods act cover you for a item that is proven faulty for up to 6 years. Hence why I have pursued this with the retailer I purchased from and was advised to do so from the manufacturer. Had I purchased directly from the manufacturer they would have replaced the tablet there and then when they saw the fault.


What I was asking is if anyone knows any legislation that would help me being able to replace the item with a working one. Thus requiring suitable compensation to do so. In this instance they are selling for £330-400 on ebay etc.
The only thing I can find is a key fact within the sale of goods act:
For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).


As the item can not be repaired due to being a sealed unit then replacement is the only option. And in order to replace the item would require £330 minimum and not the £200 being offered.
And if this was taken through a court then that would be the amount they would surely award as current market value of the item.... Does that sound correct to people?

lincroft1710

You are entitled to a refund, but the refund can take account of the usage/age of the item. There is no entitlement to a working replacement, or sufficient money to buy a working replacement.

theonlywayisup

adon30 wrote: »

The consumer rights and sales of goods act cover you for a item that is proven faulty for up to 6 years. Hence why I have pursued this with the retailer I purchased from and was advised to do so from the manufacturer. Had I purchased directly from the manufacturer they would have replaced the tablet there and then when they saw the fault.


What I was asking is if anyone knows any legislation that would help me being able to replace the item with a working one. Thus requiring suitable compensation to do so. In this instance they are selling for £330-400 on ebay etc.
The only thing I can find is a key fact within the sale of goods act:
For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).


As the item can not be repaired due to being a sealed unit then replacement is the only option. And in order to replace the item would require £330 minimum and not the £200 being offered.
And if this was taken through a court then that would be the amount they would surely award as current market value of the item.... Does that sound correct to people?

Don't confuse your consumer rights and warranty.

The Sale of Goods Act may is not relevant (assuming your time line is correct).

A tech item that was £700 two or more years ago is not worth £600 now....

Have you asked the manufacturer if they will allow a goodwill on the warranty or not.

Hermione_Granger

adon30 wrote: »

The consumer rights and sales of goods act cover you for a item that is proven faulty for up to 6 years.

Provided that the fault can be shown to be caused by something that was inherent at the time of purchase such as a poor quality component or poor assembly.
Simply proving a fault isn't enough as that fault could have been caused by misuse and:

adon30 wrote: »

As the item can not be repaired due to being a sealed unit then replacement is the only option.

Being a sealed unit would make it hard, if not impossible to prove what caused the fault.

Gavin83

adon30 wrote: »

So will give a quick history.


I have a tablet that has developed a fault. This has been confirmed by manufacturer. However I did not purchase from the manufacturer and bought through a 3rd party authorised dealer (as it was more convenient at the time). Item originally cost over £700 and is now over 2 years old so out of manufacturer warranty.


So I have contacted the retailer after having the fault confirmed by manufacturer and they have agreed to a partial refund under consumer rights.


Great! you may think. However I have a problem in that the amount they are offering is below any amount I would be able to purchase a replacement for.
So a refurbished/ 2nd hand replacement (as no longer available new) from manufacturer is close to £600 and from other sources including refurbished retailers and eBay etc is £330-£400.


However I have only been offered just over £200 as a refund from the retailer. This does not reflect the current 'market value' of replacing the item and all I want at the end of the day is for it to be still working. I requested that they review the offer on the telephone but they said that is all that they would offer and if I did not accept that they would close the case.


So where do I stand? I'm finding it difficult to find any actual information on this and the link to 'How are partial refunds for price/age/usage calculated' did not yield anything.
Can I expect them to pay 'reasonable' market value of the item or are they within their right to pluck a figure out and say accept it or not?

That's because there aren't any solid rules on this. They're allowed to reduce the amount they pay out based on usage but there isn't any official guidelines as to exactly how much they can reduce it by. It's really down to you coming to an agreement.

Personally I think the offer is a little low though.

In your shoes I'd offer them the evidence of the cost of used versions and ask if they'll revise their offer. If they say no you have two choices. First is to accept their offer. Second is to ultimately take it to court and see if a judge agrees with you.

At the moment their offer seems to be nothing but goodwill. Did the manufacturer give you a report determining it as an inherent fault? If not, if you want to progress down the court route you'll certainly need this.