We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Warranty

Can someone explain why when an item is replaced under a warranty you do not get a guarantee with it, it is only covered for the remainder of the warranty. 

I had a lay z spa which had a faulty liner within 8 months, it was replaced, 11 months on the liner has developed the same fault and I am out of warranty by 2 months. I would have thought that as it was a new boxed product that it would have to come with some form of guarantee

Comments

  • eskbanker
    eskbanker Posts: 39,788 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That's the way warranties work, but if the same item has developed the same fault then that ought to strengthen your case that it's an inherent design flaw, and so you should be able to exercise your statutory consumer rights under the Consumer Rights Act rather than needing to make a warranty claim with the retailer or manufacturer.
  • flashg67
    flashg67 Posts: 4,158 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Because the replacement is a replacement only for the faulty item, not a new sale to you
  • tightauldgit
    tightauldgit Posts: 2,628 Forumite
    1,000 Posts Second Anniversary Name Dropper
    sunnymead said:
    Can someone explain why when an item is replaced under a warranty you do not get a guarantee with it, it is only covered for the remainder of the warranty. 

    I had a lay z spa which had a faulty liner within 8 months, it was replaced, 11 months on the liner has developed the same fault and I am out of warranty by 2 months. I would have thought that as it was a new boxed product that it would have to come with some form of guarantee
    It makes sense, when you buy something the manufacturer guarantees you X amount of life and takes on a financial liability to deliver that. But not any more than that. 

    However I think you should expect a spa to last more than 19 months so you probably have a good case under consumer law to at least get a repair.
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    sunnymead said:
    Can someone explain why when an item is replaced under a warranty you do not get a guarantee with it, it is only covered for the remainder of the warranty. 

    I had a lay z spa which had a faulty liner within 8 months, it was replaced, 11 months on the liner has developed the same fault and I am out of warranty by 2 months. I would have thought that as it was a new boxed product that it would have to come with some form of guarantee
    Because a warranty is a non-statutory item and so they are free to set whatever terms they want and any sensible company will want a definitive end date to their liability. 

    Your statutory rights come from the CRA and the law defines it in relation to the purchase, if the vendor (which is who you have rights with) decides to replace it then there has been no additional sale so the clock continues to tick down from the original purchase. 

    tightauldgit said:
    However I think you should expect a spa to last more than 19 months so you probably have a good case under consumer law to at least get a repair.
    Against the retailer, not the manufacturer (unless they are coincidently one and the same)
  • tightauldgit
    tightauldgit Posts: 2,628 Forumite
    1,000 Posts Second Anniversary Name Dropper
    sunnymead said:
    Can someone explain why when an item is replaced under a warranty you do not get a guarantee with it, it is only covered for the remainder of the warranty. 

    I had a lay z spa which had a faulty liner within 8 months, it was replaced, 11 months on the liner has developed the same fault and I am out of warranty by 2 months. I would have thought that as it was a new boxed product that it would have to come with some form of guarantee
    Because a warranty is a non-statutory item and so they are free to set whatever terms they want and any sensible company will want a definitive end date to their liability. 

    Your statutory rights come from the CRA and the law defines it in relation to the purchase, if the vendor (which is who you have rights with) decides to replace it then there has been no additional sale so the clock continues to tick down from the original purchase. 

    tightauldgit said:
    However I think you should expect a spa to last more than 19 months so you probably have a good case under consumer law to at least get a repair.
    Against the retailer, not the manufacturer (unless they are coincidently one and the same)
    Which just thinking about it... would suggest that whenever you have the option, opting for a refund and then rebuy the item is going to be better than getting a replacement as you'll get a fresh warranty. 
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    sunnymead said:
    Can someone explain why when an item is replaced under a warranty you do not get a guarantee with it, it is only covered for the remainder of the warranty. 

    I had a lay z spa which had a faulty liner within 8 months, it was replaced, 11 months on the liner has developed the same fault and I am out of warranty by 2 months. I would have thought that as it was a new boxed product that it would have to come with some form of guarantee
    Because a warranty is a non-statutory item and so they are free to set whatever terms they want and any sensible company will want a definitive end date to their liability. 

    Your statutory rights come from the CRA and the law defines it in relation to the purchase, if the vendor (which is who you have rights with) decides to replace it then there has been no additional sale so the clock continues to tick down from the original purchase. 

    tightauldgit said:
    However I think you should expect a spa to last more than 19 months so you probably have a good case under consumer law to at least get a repair.
    Against the retailer, not the manufacturer (unless they are coincidently one and the same)
    Which just thinking about it... would suggest that whenever you have the option, opting for a refund and then rebuy the item is going to be better than getting a replacement as you'll get a fresh warranty. 
    Fresh warranty and fresh statutory rights... obviously the downside is that a refund can be reduced for use on items over 6 months old but even if they don't reduce it the refund may not be sufficient to buy a replacement due to inflation and/or having bought in a sale etc. Also problematic when you are talking about discontinued sets and they refund you for one of you 8 dining chairs you have. 

    Personally did very well when my Samsung TV died as it was 2.5 years old but they gave a full refund and it happened to be in December when TVs are heavily discounted in anticipation of new models being announced in January. So managed to get the then latest model of LG OLED tv which I couldnt afford the prior version of when I bought the Samsung with better technology, a new warranty and new statutory rights... they even waived the £5  shortfall on the gift voucher. 


  • screech_78
    screech_78 Posts: 715 Forumite
    Fourth Anniversary 500 Posts Name Dropper
    You need to look at the product as if it had never developed a fault in the first place. Otherwise, you could take advantage of something forever more.

    You do have statutory rights to fall back on though, but you need to do some leg work to enforce them. 
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 353.6K Banking & Borrowing
  • 254.2K Reduce Debt & Boost Income
  • 455.1K Spending & Discounts
  • 246.6K Work, Benefits & Business
  • 603K Mortgages, Homes & Bills
  • 178.1K Life & Family
  • 260.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.