Sam
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Registered: 24th Dec 99
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On the 29th January 2011 I bought amongst other things a PC motherboard from eBuyer, the board itself I believe has a 2 year warranty.
In December it became faulty so I raised an RMA request on their website (that was a pain in the ass but another story there by itself), they arranged for Parcelforce to collect it from me last week which was fine.
Today they have got back to me stating that they won't send a replacement under warranty, they've basically said:
"As per section 9.2 of our terms and conditions and in line with the Sale of Goods Act 1979, as this item is over 6 months old you will only qualify for a proportionate refund of the original purchase price. Therefore we are unable to issue a replacement as initially requested."
The board cost about £30 inc. VAT, and they've refunded just over £25.
Now - bear in mind that this is still a current motherboard that is still being sold today - can I not demand they send a replacement rather than paying me this £25?
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Cavey
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Registered: 11th Nov 02
Location: Derby
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The warranty would be with the board company wouldn't it? surely they should forward it back to the company and get a replacement from them?
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John
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Registered: 30th Jun 03
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Have they accepted its faulty?
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Sam
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Registered: 24th Dec 99
Location: West Midlands
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On the manufacturer's website (ASRock in this case), they say you have to refer to whoever you bought it from for warranty claims.
Yeah they said in their returns system that they tested it and confirmed it's faulty.
I could understand if the product was discontinued but it isn't.
[Edited on 11-01-2012 by Sam]
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mantamark
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Registered: 19th Jun 06
Location: Northumberland
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Its always with the seller, not the manufacturer.
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Dom
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Registered: 13th Sep 03
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You could quote Sales of Goods Act section (is that 9.2?) where it says that an electronic should last a reasonable length of time, as the motherboard should last longer than 12 months.
Usually i'd be all over this like a rash as few companies do like to fob you off, butr with them offering you a 80 odd percentage refund and the board only costing £30, is it really worth the hassle? Personally i'd take the cash and just purchase another (/different board).
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Sam
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Registered: 24th Dec 99
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It's not really about the money, £30 is obviously fuck all but it's more about the fact that this board has a 2 year warranty but really with the Sales of Goods Act it's only 6 months for a replacement, and the rest is a cash refund that doesn't equate to your purchase price.
With all the stuff I sell through my company, if I say I offer a 12 month warranty for example I mean it - I would replace the item with the same or a similar spec product if it was discontinued, no questions asked and none of this hiding behind terms and conditions bullshit.
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M2RTY
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Registered: 25th May 01
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should have dealt with the seller not the manufacturer
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Sam
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Location: West Midlands
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quote:
Originally posted by M2RTY
should have dealt with the seller not the manufacturer
I did - eBuyer is where I bought it from, if you read my original post... 
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Dom
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Registered: 13th Sep 03
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quote:
Originally posted by Sam
It's not really about the money, £30 is obviously fuck all but it's more about the fact that this board has a 2 year warranty but really with the Sales of Goods Act it's only 6 months for a replacement, and the rest is a cash refund that doesn't equate to your purchase price.
With all the stuff I sell through my company, if I say I offer a 12 month warranty for example I mean it - I would replace the item with the same or a similar spec product if it was discontinued, no questions asked and none of this hiding behind terms and conditions bullshit.
Where did you read that? As i've used the Sales of Goods Act on plenty of items well over 6 months old and have always managed to get replacements; granted it has been a bit of an arse ache.
What does the warranty say and what does it cover?
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M2RTY
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Registered: 25th May 01
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ah sorry
they should replace with the same, or an equiv. model then?
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M2RTY
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Registered: 25th May 01
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quote:
Originally posted by Dom
quote:
Originally posted by Sam
It's not really about the money, £30 is obviously fuck all but it's more about the fact that this board has a 2 year warranty but really with the Sales of Goods Act it's only 6 months for a replacement, and the rest is a cash refund that doesn't equate to your purchase price.
With all the stuff I sell through my company, if I say I offer a 12 month warranty for example I mean it - I would replace the item with the same or a similar spec product if it was discontinued, no questions asked and none of this hiding behind terms and conditions bullshit.
Where did you read that? As i've used the Sales of Goods Act on plenty of items well over 6 months old and have always managed to get replacements; granted it has been a bit of an arse ache.
What does the warranty say and what does it cover?
'
i think this applies in some countries such as USA, missleading when reading online sometimes if a .com site
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M2RTY
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Registered: 25th May 01
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http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/Yourconsumerrightswhenbuyinggoodsandservices/DG_194650
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Sam
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Registered: 24th Dec 99
Location: West Midlands
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quote:
Originally posted by Dom
Where did you read that? As i've used the Sales of Goods Act on plenty of items well over 6 months old and have always managed to get replacements; granted it has been a bit of an arse ache.
What does the warranty say and what does it cover?
Did a Google search and that's what some sites came up with. Apparently after 6 months they don't have to offer you a replacement, they can just refund a proportionate amount.
This is what is said on ASRock's website about warranties:
http://asrock.com/support/index.asp?cat=RMA
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Sam
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Registered: 24th Dec 99
Location: West Midlands
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quote:
Originally posted by M2RTY
http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/Yourconsumerrightswhenbuyinggoodsandservices/DG_194650
I'm guessing eBuyer probably hide behind the "it’s too costly for the trader" reason not to replace the board - i.e. they'd have to RMA it with ASRock the manufacturer (and pay for the P&P to send it to China or wherever), in the meantime they would either have to wait for ASRock to send them a replacement to send to me or eBuyer would have to send me a brand new one out of their own stock.
[Edited on 11-01-2012 by Sam]
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M2RTY
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Registered: 25th May 01
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im sure that link you posted is USA rights
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Dom
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Registered: 13th Sep 03
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quote:
Originally posted by M2RTY
quote:
Originally posted by Dom
quote:
Originally posted by Sam
It's not really about the money, £30 is obviously fuck all but it's more about the fact that this board has a 2 year warranty but really with the Sales of Goods Act it's only 6 months for a replacement, and the rest is a cash refund that doesn't equate to your purchase price.
With all the stuff I sell through my company, if I say I offer a 12 month warranty for example I mean it - I would replace the item with the same or a similar spec product if it was discontinued, no questions asked and none of this hiding behind terms and conditions bullshit.
Where did you read that? As i've used the Sales of Goods Act on plenty of items well over 6 months old and have always managed to get replacements; granted it has been a bit of an arse ache.
What does the warranty say and what does it cover?
'
i think this applies in some countries such as USA, missleading when reading online sometimes if a .com site
What?
The UK Sale of Goods Act states that the item has to last a reasonable length of time (comes under durability i believe) and usually with anything electrical, there is nothing solid but this is what i've been quotes by trading standards, reasonable is ~2 years (although some people say 6 years). This is separate to returning the goods back to then seller when the fault/issue occurs, which after 6 months you have to prove that it was faulty due to manufacture etc.
However from what i remember they don't have to offer you a replacement, they can instead offer a part/full refund or to repair the faulty item.
Have some source -
http://www.whitegoodshelp.co.uk/wordpress/eu-2-year-guarantee-sales-of-goods-act-gives-us-6-years-to-claim-for-faulty-appliances/
http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange
WORTH READING -> http://news.bbc.co.uk/1/hi/8253915.stm
Sale of Goods Act - http://www.legislation.gov.uk/ukpga/1979/54
Edit - Best thing is to phone trading standards tomorrow morning and see what they say; they've always helped me in the past when sellers have been arses.
[Edited on 11-01-2012 by Dom]
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Sam
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Location: West Midlands
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eBuyer are just tight fuckers TBH. Like yourself Dom I've never had problems getting stuff replaced in warranty especially over 6 months old (with other companies).
I'm glad I don't have to pay their rip off prices for stuff any more, I can source virtually everything they sell now as I've got accounts with all their distributors 
[Edited on 11-01-2012 by Sam]
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Toby
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Registered: 29th Nov 05
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And surely a 'reasonable' period in this case would be 2 years hence the warrenty period
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BarnshaW
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Registered: 25th Oct 06
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they can depreciate a cash refund and ALOT of online retailers do it, the goods do have to be of reasonable quality and fit for purpose.
however for it to have been a manufacturing defect the ownus to prove this is down to you the buyer and in most cases it would be argued that if it was a manufacturing defect it would have been faulty upon purchase.
i would take the money and read the T&C's before buying off online retailers in future as people get stung by it everyday (some people i deal wit hat work by hundreds)
[Edited on 12-01-2012 by BarnshaW]
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Sam
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Registered: 24th Dec 99
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Oh well.
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baza31
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Registered: 19th Apr 03
Location: yorkshire
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I ain't read the lot but if you can be arsed writing emails and causing a fuss over £5 then you have too much time on your hands .
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Sam
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Registered: 24th Dec 99
Location: West Midlands
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quote:
Originally posted by baza31
I ain't read the lot
Maybe you should have done before posting crap? 
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3CorsaMeal
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Registered: 11th Apr 02
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Sales of goods act 1979 should state the manufacturer is to blame for up to 24months, am going through the same with my phone.
Orange only cover it for 6months (as the retailer)
But sony have admitted they got to fix it for up to 24months
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baza31
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Registered: 19th Apr 03
Location: yorkshire
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quote:
Originally posted by Sam
quote:
Originally posted by baza31
I ain't read the lot
Maybe you should have done before posting crap?
I read enough to make a comment , explain how it's crap? You've used it for 6 months . It's broke , by law they can give you a reduced amount . The reduced amount is £5 too so IMO your making a petty issue where there is no need. Do you have on the invoice in no uncertain terms that this product has a 2 year full exchange? If you do go get a solicitor and take them to court ... If money's not an issue as you've stated
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