Asked to sign a legal release for a replacement product

Mastick82

I bought a robot vaccum from iRobot and it stopped working within the first 6 months, so I contacted them and they arranged for it to be repaired.

Unfortunately when it came back from repair it still didn't work, so I asked for my money back.

They offered me a replacement, which I accepted. Once I said yes to the replacement they then told me I had to sign a legal release based on Massachusetts law before they would send it.

It doesn't sound right to me that I would have to sign a release to exercise my rights under CRA, especially not one based on law in a US state, so I've gone back saying I will not sign it and have again asked for a full refund.

Can anyone confirm whether I can be made to sign a legal release as a condition of them fulfilling thier obligations under the CRA, as it doesn't sound right to me!

Thanks in advance

Aylesbury_Duck

No, they can't make you sign a legal release form.  Their site says they trade under our laws, so they have to abide by them.  They've accepted the item and its replacement are faulty, so they have to repair, replace or refund. 

Wait and see what their response to your latest request is.  How did you pay for it?  You may have access to help from a card company or credit provider, and ultimately the small claims court route is available, but that won't be a fast process. 

born_again

Mastick82 said:

I bought a robot vaccum from iRobot and it stopped working within the first 6 months, so I contacted them and they arranged for it to be repaired.

Unfortunately when it came back from repair it still didn't work, so I asked for my money back.

They offered me a replacement, which I accepted. Once I said yes to the replacement they then told me I had to sign a legal release based on Massachusetts law before they would send it.

It doesn't sound right to me that I would have to sign a release to exercise my rights under CRA, especially not one based on law in a US state, so I've gone back saying I will not sign it and have again asked for a full refund.

Can anyone confirm whether I can be made to sign a legal release as a condition of them fulfilling thier obligations under the CRA, as it doesn't sound right to me!

Thanks in advance

Where did you buy it from?

Mastick82

born_again said:

Mastick82 said:

I bought a robot vaccum from iRobot and it stopped working within the first 6 months, so I contacted them and they arranged for it to be repaired.

Unfortunately when it came back from repair it still didn't work, so I asked for my money back.

They offered me a replacement, which I accepted. Once I said yes to the replacement they then told me I had to sign a legal release based on Massachusetts law before they would send it.

It doesn't sound right to me that I would have to sign a release to exercise my rights under CRA, especially not one based on law in a US state, so I've gone back saying I will not sign it and have again asked for a full refund.

Can anyone confirm whether I can be made to sign a legal release as a condition of them fulfilling thier obligations under the CRA, as it doesn't sound right to me!

Thanks in advance

Where did you buy it from?

Direct from thier UK website

Mastick82

Aylesbury_Duck said:

No, they can't make you sign a legal release form.  Their site says they trade under our laws, so they have to abide by them.  They've accepted the item and its replacement are faulty, so they have to repair, replace or refund. 

Wait and see what their response to your latest request is.  How did you pay for it?  You may have access to help from a card company or credit provider, and ultimately the small claims court route is available, but that won't be a fast process. 

Thanks, that's helpful to know I'm not being unreasonable.

I have just had a section 75 claim declined on the issue from my credit card provider. Thier argument is there hasn't been a breach of CRA as irobot offered a replacement, totally ignoring the fact that they're refusing to provide it without me signing this release. I complained and they have come back with the same answer, so contemplating raising it with the Ombudsman, as to me irobot have not yet met thier obligations under the CRA because I don't yet have the refund or replacement I am entitled to.

born_again

Founded in 1990 by Massachusetts Institute of Technology roboticists
Wonder if it has anything to do with this.

CC are right. As they are offering to replace their is no breech of contract at their end.

TBH, is it worth the hassle of not signing for the replacement? Or is there something it there that basically says that this is the end of any claim or future claim?
Not saying it's right, sometimes the path of least resistance is the one to take to get the result you want.

Mastick82

born_again said:

Founded in 1990 by Massachusetts Institute of Technology roboticists
Wonder if it has anything to do with this.

CC are right. As they are offering to replace their is no breech of contract at their end.

TBH, is it worth the hassle of not signing for the replacement? Or is there something it there that basically says that this is the end of any claim or future claim?
Not saying it's right, sometimes the path of least resistance is the one to take to get the result you want.

Yes, it basically prevents me from any further claim against them if the replacement breaks. I know you can't sign away statutory rights, but I don't have the the money or skill to take on thier legal team in a hypothetical round 2!

Also given the very poor experience I've had with thier service (the product broke in January and it took them until May to agree to replace it) I'm also now very wary of using thier products at all.

From my understanding of CRA because it broke within 6 months and their attempt at repair failed I am able to choose between refund or replacement, so I'm now pushing for a refund.

HillStreetBlues

Mastick82 said:

Aylesbury_Duck said:

No, they can't make you sign a legal release form.  Their site says they trade under our laws, so they have to abide by them.  They've accepted the item and its replacement are faulty, so they have to repair, replace or refund. 

Wait and see what their response to your latest request is.  How did you pay for it?  You may have access to help from a card company or credit provider, and ultimately the small claims court route is available, but that won't be a fast process. 

Thanks, that's helpful to know I'm not being unreasonable.

I have just had a section 75 claim declined on the issue from my credit card provider. Thier argument is there hasn't been a breach of CRA as irobot offered a replacement, totally ignoring the fact that they're refusing to provide it without me signing this release. I complained and they have come back with the same answer, so contemplating raising it with the Ombudsman, as to me irobot have not yet met thier obligations under the CRA because I don't yet have the refund or replacement I am entitled to.

I believe the CC is incorrect as they had one chance to fix it as within 6 month and that repair failed.
You haven't accepted a replacement as they have changed the terms wanting you to sign a release, So it's up to you if you accept the new terms. 

MattMattMattUK

What does the release actually say? Sometimes these things are simply them saying that you will be required to pay for the replacement sent if you do not return/correctly dispose of faulty unit.

Mastick82

MattMattMattUK said:

What does the release actually say? Sometimes these things are simply them saying that you will be required to pay for the replacement sent if you do not return/correctly dispose of faulty unit.

There are numerous clauses (including what you suggest and one that says i cant share the terms of the release with any other party), the one I have a problem with is that I fully and forever discharge the right to take any further action against them in relation to the sale.

Also the fact that I bought the product from thier UK entity, with thier t&cs stating that the sale is conducted under English law.

My concern is that they are actually offering the replacement under thier warranty (rather than the CRA) and if I sign the above it will preclude me from any future possible claim under the CRA if the replacement also fails.

MattMattMattUK

Mastick82 said:

MattMattMattUK said:

What does the release actually say? Sometimes these things are simply them saying that you will be required to pay for the replacement sent if you do not return/correctly dispose of faulty unit.

There are numerous clauses (including what you suggest and one that says i cant share the terms of the release with any other party), the one I have a problem with is that I fully and forever discharge the right to take any further action against them in relation to the sale.

Also the fact that I bought the product from thier UK entity, with thier t&cs stating that the sale is conducted under English law.

My concern is that they are actually offering the replacement under thier warranty (rather than the CRA) and if I sign the above it will preclude me from any future possible claim under the CRA if the replacement also fails.

Have you told the UK legal entity that you bought the Roomba from that you wanted to exercise your rights under the CRA, or did you start this as a warranty claim?