Ninja foodi Max developed a fault

Douja

I have purchased a Ninja multi cooker from about 18 months ago. 

it suddenly stopped working showing an error that seems to be common after the 18 month mark. 

I contacted Ninja, and they are telling me that my warranty is 1 year instead of two. although on my online account it is showing 2 years and have yet to expire. 

their defence is that the new machines purchased later on are included in the 2 years and not mine. so after asking to speak to the manager I finally got an answer back from him, saying He is willing to replace it for me as a gesture of good will but the new one shall not have any warranty included. 

I'm torn wether to accept or challenge his offer, as Im worried that the new one breaks sooner or ends up having any other issues.

the_lunatic_is_in_my_head

Chances of the replacement failing in 6 months are very slim, warranties very rarely restart with a replacement you are only agreeing to sign away 6 months of something they say you aren't entitled to. 

You still have consumer rights to fall back on in any event. 

Personally I'd take the replacement  

Douja

Thanks for your reply,
So to see if I understand it right. Even if I accept the replacement without any warranty. If anything goes wrong, I can still contact them under my consumer right to fix? 

RefluentBeans

Douja said:

Thanks for your reply,
So to see if I understand it right. Even if I accept the replacement without any warranty. If anything goes wrong, I can still contact them under my consumer right to fix? 

A simplified yes - a more complex it depends. After the 6 month mark (of the original purchase) you have to prove the fault was inherent - I.e. not caused by user error, but a manufacturing defect that has just taken some time to surface. They may negate that and say they’ll inspect the item themselves, but they may request you price the fault was always there. This is often done by an engineers report. 

These rights are with you and your retailer - so if you purchased directly from Ninja - they’ll be your retailer, but if not, then whoever you purchased from will be the company to go to in order to exercise your rights. 

The retailer has the options to replace, repair, or refund* the item, and it’s their choice in what they can do. They normally have one chance to repair or replace the item before you can ask for a refund*. I’m not entirely sure how warranty replacements fall into this - my gut says they don’t ‘count’ as a replacement under CRA, but happy to be corrected. 

* = a refund may not be for the whole amount. They often give you a portion of your money back based on the number of years left of the expected life of the product (so a 2 year old product expected to last 5 years would get a 60% refund for example). 

the_lunatic_is_in_my_head

Douja said:

Thanks for your reply,
So to see if I understand it right. Even if I accept the replacement without any warranty. If anything goes wrong, I can still contact them under my consumer right to fix? 

That's correct but as above burden of proof would fall on your also rights would be with who you purchased with, probably a bit of a headache to enforce rights with these kinds of products after 6 months so the replacement under their goodwill/warranty/whatever is probably best at this stage  

bris

Douja said:

Thanks for your reply,
So to see if I understand it right. Even if I accept the replacement without any warranty. If anything goes wrong, I can still contact them under my consumer right to fix? 

Very very few give you a new warranty with a replacement, this would potentially mean an everlasting product.

It usually means the old warranty time is with the new machine, so if it has 3 months left that's what you would get.

Its not really classed as new machine, its just a replacement that takes over from the old machine as if it was never faulty in the first place

The warranty is with the manufacture so it is what they say it is,  so at 18 months its expired, or if you can prove the two years then you still have that time left transferred to the new machine. Your consumer rights lie with the retailer but If this one last a similar time I cant see you getting anywhere tbh as it would now be three years old 

Douja

Thank you all for your help. Much appreciated