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Faulty hedge trimmer

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Lewis.
Lewis. Posts: 36 Forumite
Seventh Anniversary 10 Posts Combo Breaker
edited 14 June 2021 at 5:44PM in Consumer rights
Hi all, i'm after some advice.  I have a hedge cutter that has ceased to function just inside of the 12 month warranty period so I returned it to the shop at the weekend expecting a straight swap.  This was not the case and they said the only option is for them to send it off to technician to have it inspected to acertain what the fault is and then it will either be repaired or replaced.  I expected it to be a straight swap as it is inside the warranty period and am annoyed because I now have to wait for what could be weeks to have this work done.  I already wrote to their head office stating that it is not fit for purpose under the consumer rights act but they have phoned me and basically said the same thing.  What are my options?  To me this is unfair as it's inside the warranty period and should last at least 12 months without breaking.  They keep citing their T&C's with the manufacturer but my contract is with them as a retailer and it should be of no consequence to me.  Either way all I want is a replacement unit as I am happy with it otherwise.  I currently have no hedgecutter and am feeling really put out by the whole experience.  I will not be using this company again as unlike Argos when I had an issue with a lawnmower (again two days inside the expiry of the 12 month warranty) they simply sent me a new one out and collected the old one.  Excellent service.  Not so in this case!
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Comments

  • DB1904
    DB1904 Posts: 1,240 Forumite
    1,000 Posts First Anniversary Name Dropper
    Not really fair to call them clowns as they've done nothing wrong. 
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,704 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Im afraid they are right, and you are wrong.
  • Lewis.
    Lewis. Posts: 36 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    edited 14 June 2021 at 5:45PM
    This is why I asked the question but it seems unfair given that it has not lasted the duration of the 12 months?  This seems to conflict with the consumer rights act and the advice provided under those guidlelines.
  • user1977
    user1977 Posts: 17,853 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    We can't see the terms of the warranty from here, but in relation to your statutory rights, the onus (after 6 months from purchase) is on you to demonstrate that the fault is an inherent one. The retailer is entitled to have a look at it, and it's their option whether to repair, replace or refund.
  • Lewis.
    Lewis. Posts: 36 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Ok thanks, seems pointless to have a one year warranty then when it's clearly not worth the paper it's written on.  What is confusing is that this approach seems to vary from retailer to retailer.  If it was over one year old I would accept this but the fact it has not lasted a year in my mind makes this clear that is not fit for the purpose for which it is intended.  I can hand on heart say it's not been mistreated in any way so this should be revealed upon inspection.  Can i request a replacement then instead of a repair?  I don't really want one that's been interfered with by a third party repair shop.
  • Lewis.
    Lewis. Posts: 36 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Here is the manufacturer warranty section here, it's actually 2 years.  The store I assume has differnt terms although they have stated they are an approved retailer of these products so these should flow through to the customer:



  • Keep_pedalling
    Keep_pedalling Posts: 20,908 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Lewis. said:
    Ok thanks, seems pointless to have a one year warranty then when it's clearly not worth the paper it's written on.  What is confusing is that this approach seems to vary from retailer to retailer.  If it was over one year old I would accept this but the fact it has not lasted a year in my mind makes this clear that is not fit for the purpose for which it is intended.  I can hand on heart say it's not been mistreated in any way so this should be revealed upon inspection.  Can i request a replacement then instead of a repair?  I don't really want one that's been interfered with by a third party repair shop.
    Yes it is, if it is faulty they will fix it, if it can’t be fixed you get a replacement. It would be nuts to just scrap every faulty device if it is cheaper to fix it. Would you expect a replacement car just because a wiper motor failed in the first year of ownership?
  • powerful_Rogue
    powerful_Rogue Posts: 8,370 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You're getting your consumer rights and warranty all confused. Both are seperate entities.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,704 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Lewis. said:
    Here is the manufacturer warranty section here, it's actually 2 years.  The store I assume has differnt terms although they have stated they are an approved retailer of these products so these should flow through to the customer:



    You may be confusing your statutory consumer rights with warranty rights.  The warranty terms are those provided to you on purchase, so if that's two years, the manufacturer is obliged to provide whatever those warranty terms say.  Your consumer rights are dealt with by the retailer, not the manufacturer, so no, warranty terms shouldn't flow through to you through the retailer.
  • DB1904
    DB1904 Posts: 1,240 Forumite
    1,000 Posts First Anniversary Name Dropper
    Lewis. said:
    Here is the manufacturer warranty section here, it's actually 2 years.  The store I assume has differnt terms although they have stated they are an approved retailer of these products so these should flow through to the customer:



    Until they examine it how do the determine it's not damaged through misuse?
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