UK Law on Electrical Goods

[CMYKguru]

Long story short. Bought a Combi oven of £100 or more from a well known electrical retailer, lets just say call them Balti/Korma/Vindaloo

Just over a year and a bit on and it sparked before dying on it's rear. Not even switching on. Checked fuse and still not working.

Now I have no idea what warranty it came with, whether it was one year or two years.

But basically even if it was £100 surely I could expect better than a year or two out of it.

I seem to remember a law which stated goods need to be fit for purpose for six years. Was this amended and whats my best course of action.

Take it back to Balti/Korma/Vindaloo shop or write to the manufacturer.

I could buy another no problem as money is not really an issue but then why should I when goods should be expected to work for longer than a year or two.

[DrDeAtH]

Take it up with the manufacturer me thinks

[Beer Man]

Only take it back to Baltis if you are happy conversing in various monkey dialects

[Matt UK]

Take it up with the retailer first.

[996TT02]

Retailer is the legal person you must deal with.

EU law offers mandatory 2 years of guarantee but after 6 mths its up to you to demonstrate that the fault must have been present at time of purchase.

However as you bought off a well known retailer I suspect that you will be treated fairly as your claim is a reasonable one.

[anonymous-user]

Six years is a misunderstanding. The limitation period for claiming breach of contract is six years from the date of breach. Consumer goods should be guaranteed for two years from purchase.

[anonymous-user]

Hmmm, considering the retailer you might struggle to get any sensible answer, they will probably offer to send it away for repair, they definitely won't replace it at this age.

[valiant]

Call the manufacturer up and see what they say. They'll probably refer you to the retailer or tell you to jog on but you may be surprised.

Something similar happened to us where a plastic part on an appliance broke rendering the entire thing un-useable. Couldn't be bothered dealing with Balti/Korma/Otherindiandishesareavailable knowing how useless they can be so called up and they were brilliant! Sent out a new appliance (was also a cooking thingy) without any fuss whatsoever.

Must be worth a phonecall, Shirley?

[Seesure]

Your contract is with the retailer so you have to go through them first....

They will probably insist that that you get an independent engineers report done first before they will look at doing anything for your...

I recall it is the sale of goods act (1979 ?) That you can use to discuss either repair or replacement, as you are are entitled to expect "reasonable" use out of a product, however defining "reasonable" is the difficulty as it will depend on cost, amount of use versus expected use plus other considerations....

I once got "Balti" e!ectrical store to repair a DVD recorder that was 30 months old, which they had thrown in for free with a TV I bought from them, on the basis that it had only been used about a dozen times in the 2.5 years I'd had it....

The repair engineering report was left in the box and it showed the cost of repair had exceed the cost of a new replacement on the shelf.... But it still works some 5-6 years on!!!

Polite but persistent was the key....

[jesusbuiltmycar]

This might be of use http://www.monikie.org.uk/yourrights.htm

Also worth googling "Currys taken to the cleaners"

[quote]If a store refuses to take responsibility for a faulty product, currently the only way to seek redress is through legal action, which involves proving the goods are faulty. And this is exactly what Which? reader Brenda Robertshaw did when electrical giant Currys refused to fix her £400 washing machine free of charge, when it broke down after only 18 months and ruined some clothes (see 'Currys taken to the cleaners', Which?, October 1999, p4). Brenda won the cost of repairs, compensation and expenses, totalling £190. The judge ruled that it was reasonable to expect a £400 washing machine to last longer than 18 months. Sadly, though, some stores don't seem to have learned from Currys' ruling.
[/quote]

[JustinP1]

To be fair to Currys, they have moved on in the last 15 years since that report.

My experience in July was with an almost 4 year old plasma TV. Wouldn't turn on.

My phone call with them explained about their repair service, where I had to pay £80 up front, which to be fair simply covered the courier costs both ways, and this would be a flat rate to diagnose the problem. Once they'd done that, they'd give me the option of having it repaired at the cost price of the replacement part.

I was sold on that.

However, I simply had to ask how this relates to my rights under the SoGA and their tact got even better: I'd have to pay the £80 up front, but once they'd got the TV and were assured that I had not damaged it in some way to make it fail, they would repair it for free. Yes, for free, and even give me my £80 back. If they could not repair it, they'd offer me a replacement unit.

As it happened, in trying to repair it, they damaged it. To solve it, they offered me a replacement TV, or my money back. The full price I paid for the TV nearly four years ago was in my account 48 hours later.

[Pinky and Perky]

Hi all,rather than start a new thread this subject is quite apt. I'm having problems with an electronic device brought from a supermarket (every little bit helps) already had one unit replaced due to a failure,the second unit has now also broken.
2nd unit is still within its 12 month warranty, issue is Supermarket in question now no longer sell the original product (its been replaced with a Mk II) so can't replace with new and will only give me a refurbished second hand unit, and won't consider a refund (have to give them an opportunity to replace/ repair faulty unit).
They also won't do this in store (due to stores only having the new product) so its an on-line only process.
I suspect refurbed unit will only come with 3-6 month warranty and am concerned it too will eventually break, so my question is can I still request a full refund?
Problems are well known on this product and are both software and hardware related.
Thanks

[JustinP1]

Pinky and Perky said:

Hi all,rather than start a new thread this subject is quite apt. I'm having problems with an electronic device brought from a supermarket (every little bit helps) already had one unit replaced due to a failure,the second unit has now also broken.
2nd unit is still within its 12 month warranty, issue is Supermarket in question now no longer sell the original product (its been replaced with a Mk II) so can't replace with new and will only give me a refurbished second hand unit, and won't consider a refund (have to give them an opportunity to replace/ repair faulty unit).
They also won't do this in store (due to stores only having the new product) so its an on-line only process.
I suspect refurbed unit will only come with 3-6 month warranty and am concerned it too will eventually break, so my question is can I still request a full refund?
Problems are well known on this product and are both software and hardware related.
Thanks

No.

You may argue that the model has an inherent design flaw, if that is the case. However, that type of argument will be for you to prove.

In any case, you are looking at a replacement unit, or failing that a partial refund based upon the use you have enjoyed to date.

[Sheepshanks]

996TT02 said:

EU law offers mandatory 2 years of guarantee

Doesn't apply here as it hasn't been enacted into our law.

[Sheepshanks]

Pinky and Perky said:

Hi all,rather than start a new thread this subject is quite apt. I'm having problems with an electronic device brought from a supermarket (every little bit helps) already had one unit replaced due to a failure,the second unit has now also broken.
2nd unit is still within its 12 month warranty, issue is Supermarket in question now no longer sell the original product (its been replaced with a Mk II) so can't replace with new and will only give me a refurbished second hand unit, and won't consider a refund (have to give them an opportunity to replace/ repair faulty unit).
They also won't do this in store (due to stores only having the new product) so its an on-line only process.
I suspect refurbed unit will only come with 3-6 month warranty and am concerned it too will eventually break, so my question is can I still request a full refund?
Problems are well known on this product and are both software and hardware related.
Thanks

If you get a replacement item you don't normally get a new guarantee. This comes up on cars all the time with items replaced just before the warranty runs out - the replacement part is only covered until the end of the original warranty period.

In your case I'd try something like posting on their Facebook page - usually their social media team will pick it up and want to resolve.

[anonymous-user]

Sheepshanks said:

996TT02 said:

EU law offers mandatory 2 years of guarantee

Doesn't apply here as it hasn't been enacted into our law.

In other words, it does apply. Your understanding of how EU law works appears a little hazy, Sheepshanks.

[Sheepshanks]

Breadvan72 said:

Sheepshanks said:

996TT02 said:

EU law offers mandatory 2 years of guarantee

Doesn't apply here as it hasn't been enacted into our law.

In other words, it does apply. Your understanding of how EU law works appears a little hazy, Sheepshanks.

OK, it doesn't apply on a day-to-day basis here. I think it's always a risky strategy to throw "it's the law" around if you're not prepared to go through with it. On a practical basis, how does someone enforce an EU Regulation?

Edited by Sheepshanks on Wednesday 22 October 13:25

[JustinP1]

Sheepshanks said:

Breadvan72 said:

Sheepshanks said:

996TT02 said:

EU law offers mandatory 2 years of guarantee

Doesn't apply here as it hasn't been enacted into our law.

In other words, it does apply. Your understanding of how EU law works appears a little hazy, Sheepshanks.

OK, it doesn't apply on a day-to-day basis here. I think it's always a risky strategy to throw "it's the law" around if you're not prepared to go through with it. On a practical basis, how does someone enforce an EU Regulation?

A handful of Brussels sprouts in the end of a long sock.

[anonymous-user]

Sheepshanks said:

Breadvan72 said:

Sheepshanks said:

996TT02 said:

EU law offers mandatory 2 years of guarantee

Doesn't apply here as it hasn't been enacted into our law.

In other words, it does apply. Your understanding of how EU law works appears a little hazy, Sheepshanks.

OK, it doesn't apply on a day-to-day basis here. I think it's always a risky strategy to throw "it's the law" around if you're not prepared to go through with it. On a practical basis, how does someone enforce an EU Regulation?

Edited by Sheepshanks on Wednesday 22 October 13:25

An EU Regulation is directly effective and enforceable just like any UK Statute or Regulation. An EU Directive only has direct effect against the Member State and its emanations after the time limit for implementation has passed, but if implemented properly is enforced via the implementing domestic legislation (here the Sale of Goods Act 1979 and consumer regulations). EU rules are frequently enforced by UK Courts.

[Sheepshanks]

Breadvan72 said:

...but if implemented properly is enforced via the implementing domestic legislation (here the Sale of Goods Act 1979 and consumer regulations). EU rules are frequently enforced by UK Courts.

Right, and, AIUI, the issue here is that that EU Directive has not been rolled into the Sales of Goods Act.

Comes up all the time with Apple, for example - they won't accept that UK customers can use the EU Directive.