Quick sale of good act question - after some guidance

The_Governor

Hi All,

Just a quick bit of guidance really.

I had a faulty Humax PVR a couple of weeks ago, I called Humax as per the warranty procedure (the box is 10 months old), they (after a lot of chasing) replaced it with a refurb on Friday.

The refurb is faulty as well (different fault but nonetheless...).

I've just spken to JLP as I can't be bothered with Humax's lack of interest, they're saying I have to go back to Humax for another repairs/refurb replacement.

I'm not especially happy about that to be honest, I don't want another refurb box and don't have a lot of faith in Humax doing it right anyway. I've given them a chance to fic it, they've failed as far as I'm concerned.

So, I think the SoGA says my contract is with the seller, and I want to insist on a replacement under the JLP 2 year guarantee.

JLP have said they will take the box off me and get it repaired but it might take a couple of weeks, again I don't think that is right either.

The service desk girl I spoke to is going to speak to her manager, what do you think my chances are?

dmg24

Yes, your contract is with the retailer.

Unless the JLP specifically states that you will get a replacement, you are entitled to a replacement, repair or (proportionate) refund, at the discretion of the retailer (i.e. they choose what to offer you).

The_Governor

Hmm, so they're within their rights then to tell me to bring it in for a repair, even if that repair leaves me with no box for a couple of weeks by the sounds of it...

Have I got that right?

dmg24

Yep, that's right x

Tozer

I think there is a problem here. The faulty unit is not one which the retailer sold you and is therefore not liable.

You should pursue your 'collateral' contract rights against Humax.

KILL_BILL

as you box was only 10 months old then you should have initally pursued the retailer for them to repair it or to refund or replace if it cant be broken

the contract is with the seller immediately not the manufactuer despite what jlp state.

if you box is going to be away for a while for it to be repaired ask them to provide you with a loan machine bearing in mind wehat has happened with the other box previuously

Tozer

KILL_BILL wrote: »

as you box was only 10 months old then you should have initally pursued the retailer for them to repair it or to refund or replace if it cant be broken

the contract is with the seller immediately not the manufactuer despite what jlp state.

if you box is going to be away for a while for it to be repaired ask them to provide you with a loan machine bearing in mind wehat has happened with the other box previuously

The contract was with the retailer for the original and replaced box. That has effectively been traded with the manufacturer for the refurbished box.

THE_MIDDLEMAN

tbh if it is less than 12 months since the purchase, you have proof of purchase the retailer is bound under the act to offer you a full refund if you wish.

Take this option and buy a new one. IMHO

dmg24

THE_MIDDLEMAN wrote: »

tbh if it is less than 12 months since the purchase, you have proof of purchase the retailer is bound under the act to offer you a full refund if you wish.

Take this option and buy a new one. IMHO

Can you quote the law on this please? You'll find that you are wrong ...

Tozer

dmg24 wrote: »

Can you quote the law on this please? You'll find that you are wrong ...

Agreed. SOGA requires goods to be of satisfactory quality having regard to the circumstances. The legislation does NOT specify a time period.

AND IT IS NOW DIFFERENT GOODS! The retailer did not sell the faulty product.

SuperNashwan

This is why I always tell people to try the retailer before relying on a warranty, you can seriously compromise the rights you would've had. Probably why big retailers often outright lie about their responsibilities to the customer and send them to the manufacturer.