Faulty projector lamp

cwrwhaf

Hi,
Im not sure where i stand on this. I bought a replacement lamp for my projector from benq about 8 weeks ago and it shattered after approx 60 hours of use. Ive contacted their support asking for a new lamp and they first told me the projector was out of warranty. Ive had quite a bit of back and forth about warranty of the projector and i keep saying i want a replacement lamp. Nothing to do with the projector.
They then suggested it was my fault that i touched the bulb which isn't true. They've now offered me an inspection of my projector for a fee of at least 35 pounds. Natrually im not happy with this. The bulb cost about £180. Am i within my rights to refuse this and keep asking for a replacement bulb?
Latest response is this:

BenQ Support	8:37 AM (2 hours ago)
to me

Hello,

Thank you for your reply.

Yes, and that's why our supervisors would like to suggest you bring the projector with the shattered lamp to our local service partner (ASP) for physical inspection.

The defect reason can only be confirmed by our local service partner after a physical inspection.

If it is determined customer-induced damage (CID), then you will get a quotation from our local ASP. If you refuse the quotation, all you have to pay is the inspection fee (starting fee of GBP 35 at least) and the shipping fee (fee rate varies from area to area).

If it is actually a manufacturing defect, the lamp will be replaced, free of charge.

Please understand that we are trying to help, but we will need your cooperation to proceed further. Your understanding and cooperation are highly appreciated.

Aylesbury_Duck

cwrwhaf said:

Hi,
Im not sure where i stand on this. I bought a replacement lamp for my projector from benq about 8 weeks ago and it shattered after approx 60 hours of use. Ive contacted their support asking for a new lamp and they first told me the projector was out of warranty. Ive had quite a bit of back and forth about warranty of the projector and i keep saying i want a replacement lamp. Nothing to do with the projector.
They then suggested it was my fault that i touched the bulb which isn't true. They've now offered me an inspection of my projector for a fee of at least 35 pounds. Natrually im not happy with this. The bulb cost about £180. Am i within my rights to refuse this and keep asking for a replacement bulb?
Latest response is this:

BenQ Support	8:37 AM (2 hours ago)
to me

Hello,

Thank you for your reply.

Yes, and that's why our supervisors would like to suggest you bring the projector with the shattered lamp to our local service partner (ASP) for physical inspection.

The defect reason can only be confirmed by our local service partner after a physical inspection.

If it is determined customer-induced damage (CID), then you will get a quotation from our local ASP. If you refuse the quotation, all you have to pay is the inspection fee (starting fee of GBP 35 at least) and the shipping fee (fee rate varies from area to area).

If it is actually a manufacturing defect, the lamp will be replaced, free of charge.

Please understand that we are trying to help, but we will need your cooperation to proceed further. Your understanding and cooperation are highly appreciated.

You can refuse it and ask for a replacement, but they don't have to provide one.  After eight weeks they're entitled to check what the fault is.  Within six months, the onus is on them to prove the lamp wasn't faulty when it was sold to you.  They can't do that without seeing it.

The only thing to check is that they should replace the lamp and refund the £35 and shipping fee if it's a manufacturing defect.  Their email doesn't make that clear.

DullGreyGuy

Thats fairly expensive for a projector lamp! 

Thinking of stockpiling a couple for my Epson projector soon given the EU ban coming in on mercury bulbs which inevitably is going to have outside of EU impacts too. 

MobileSaver

DullGreyGuy said:

Thats fairly expensive for a projector lamp!

And there was me thinking I should be so lucky! My genuine Sony ones are over £300 a pop...

To the OP then unfortunately yes you are going to have to bite the bullet and let them inspect the lamp/projector but unless they can show/prove that you installed or handled the replacement lamp incorrectly then you should get the inspection fee back as well.

DullGreyGuy

MobileSaver said:

DullGreyGuy said:

Thats fairly expensive for a projector lamp!

And there was me thinking I should be so lucky! My genuine Sony ones are over £300 a pop...

Our Epson are about £120 for genuine and £85ish for generics from memory. On a more dedicated forum there's been lots of talk of stockpiling given the coming ban

the_lunatic_is_in_my_head

OP I would send something like below, I assume they are a UK company and please check for typos I may have missed



Dear BenQ

With regards to the below, I would like to clarify that I am seeking a remedy under the Consumer Rights Act as the lamp bulb sold was not of satisfactory quality in terms of durability:

https://www.legislation.gov.uk/ukpga/2015/15/section/9

(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of that kind are usually supplied;

(b)appearance and finish;

(c)freedom from minor defects;

(d)safety;

(e)durability.

and am exercising my right to a replacement. As per Section 23 the trader must bear any costs of providing such.

https://www.legislation.gov.uk/ukpga/2015/15/section/23

(2)If the consumer requires the trader to repair or replace the goods, the trader must—

(a)do so within a reasonable time and without significant inconvenience to the consumer, and

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

I also draw your attention to Section 19  with regards to reverse burden of proof.

https://www.legislation.gov.uk/ukpga/2015/15/section/19

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

(15)Subsection (14) does not apply if—

(a)it is established that the goods did conform to the contract on that day, or

(b)its application is incompatible with the nature of the goods or with how they fail to conform to the contract.

If you wish to demonstrate otherwise this is required to be organised at your initial expensive and within a reasonable time and without significant inconvenience to myself.

If you are unable to meet your obligations under the Consumer Rights Act please provide the address to which I should write in order to provide a formal letter before action, should the address for providing court documents differ please also provide such. 

Thank you in advance and I look forward to resolving this matter amicably, 
Sincerely
cwrwhaf