Trying to get something replaced under warranty that already
Discussion
Just looking for some advice to see if it's worth pursuing this with this company.
I purchased a set of headphones in July 2011 from comet for £270. Warranty period defined as being 2 years.
Now in the manual the first thing it tells you is that if you have any issues to not contact the store but to contact them directly.
After 5 months in November 2011 they failed on me, contacted the company and they replaced them with a new pair under warranty delivered in December 2011.
12 months in December 2012 18 months after purchase they fail on me again and a new pair supplied under warranty.
Yesterday (32 months after purchase but 16 months after being replaced) they failed again.
I've checked all the paper work and with all the replacement paper work it states 2 year warranty.
In the t&cs it states "warranty period means the time period during which xxx must have recieved your formal warranty claim.
The warranty period commences on the date when you purchased or recieved (which ever occurs later) the product from an authorised dealer as evidenced by the authorised dealers invoice, sales receipt or packing slip.
If you do not have written proof of the date of purchase or receipt, then the warranty period commences 3 months after the date when the product left the factory as evidenced by our records. "
They also list authorised dealer as "means any distributor, reseller or retailer that was duly authorised to do business in the jurisdiction where it sold the product to you, was permitted to sell you the product under the laws of the jurisdiction where you bought the product, and sold you the product new and in its original packaging".
When the items where replaced they came with an invoice/slip showing £0 replacement.
When I contact them they state that as it's out of warranty they won't cover it.
Is there any way that I could successfully argue for them to be replaced under warranty as on the booklet it states 2 years and therefore should be covered under 2 years from when they were replaced in December 2012 therefore should be covered till December 2014 and that as they replaced them they would be classed as the " authorised dealer".
I purchased a set of headphones in July 2011 from comet for £270. Warranty period defined as being 2 years.
Now in the manual the first thing it tells you is that if you have any issues to not contact the store but to contact them directly.
After 5 months in November 2011 they failed on me, contacted the company and they replaced them with a new pair under warranty delivered in December 2011.
12 months in December 2012 18 months after purchase they fail on me again and a new pair supplied under warranty.
Yesterday (32 months after purchase but 16 months after being replaced) they failed again.
I've checked all the paper work and with all the replacement paper work it states 2 year warranty.
In the t&cs it states "warranty period means the time period during which xxx must have recieved your formal warranty claim.
The warranty period commences on the date when you purchased or recieved (which ever occurs later) the product from an authorised dealer as evidenced by the authorised dealers invoice, sales receipt or packing slip.
If you do not have written proof of the date of purchase or receipt, then the warranty period commences 3 months after the date when the product left the factory as evidenced by our records. "
They also list authorised dealer as "means any distributor, reseller or retailer that was duly authorised to do business in the jurisdiction where it sold the product to you, was permitted to sell you the product under the laws of the jurisdiction where you bought the product, and sold you the product new and in its original packaging".
When the items where replaced they came with an invoice/slip showing £0 replacement.
When I contact them they state that as it's out of warranty they won't cover it.
Is there any way that I could successfully argue for them to be replaced under warranty as on the booklet it states 2 years and therefore should be covered under 2 years from when they were replaced in December 2012 therefore should be covered till December 2014 and that as they replaced them they would be classed as the " authorised dealer".
Had a similar issue with an iphone, 12 month warranty, broke after 6 months, replaced with a new phone, replacement failed within 12 months (of replacement) but not covered as warranty is 12 months from original purchase or 90 days on replacement item.
So, in theory could get max. 15 months warranty if original failed at 12 months.
So, in theory could get max. 15 months warranty if original failed at 12 months.
cheechm said:
Surely you can use this to your benefit:
Trying to but doesn't seem to getting anywhere. AMD87 said:
If you do not have written proof of the date of purchase or receipt, then the warranty period commences 3 months after the date when the product left the factory as evidenced by our records.
On the invoice that they sent when it was replaced it doesn't state they are replacement just of 0 value.
It then includes a booklet stating a 2 year warranty and them as the distributer, nothing stating replacements excluded.
nipsips said:
No chance. Your warranty is from point of purchase only. If not you would have indefinite supply of headphones?
I wouldn't have an indefinite supply of headphones but feel that as these replacement included a specific booklet stating 2 year warranty then they should have faith in their products that they can at least last that time. rigga said:
This .....I've come across the same thing in the motor trade with parts.
When I sold parts at Vauxhall they didn't state that they came with a warranty though. If you're dealing directly with the manufacturer in almost all cases they will replace or repair the product as many times as falls within the limits stated in your warranty document during the warranty period. For example a lot of extended manufacturer warranties state things such as: "repairs or replacements up to but not exceeding the original purchase price", obviously check your documentation for the specifics on your product. Regardless of whether you have had repairs or replacements the warranty ends 2 years from the original date of purchase unless of course these repairs are guaranteed for a specific time (3 months for example) which exceeds the two years. If you're product develops a fault during the warranty period you are far better off dealing with the retailer rather than the manufacturer. If the retailer exchanges the item themselves you get a new product, on a new receipt with a brand new date of purchase and thus a brand new warranty. Of course you still have your statutory rights regarding faulty goods. Can be a pain in the arse that way, though.
Sorry I'll try and address it a bit clearer.
When you buy a product you buy the item and the warranty. The warranty that comes with this is the manufacturers guideline on how long they will provide support for you if that product fails. This is from point of purchase.
So in your example of the headphones, the manufacturer will provide you with support for up to two years - or they "guarantee" that the product will be working for 2 years and if it doesn't offer to replace or repair the item. If the item fails after 18 months and you are provided with a new pair you are not buying a fresh warranty. Therefore your original warranty applies, even though the actual product is a new item with a new serial number.
As a side note whenever I buy headphones I try and get the extended warranty - think the last pair I bought it was a fiver. They only last for a year with the amount I use and abuse them so when they inevitably fail I go into Argos who give me vouchers. I buy a new pair, *with a new warranty* and then purchase the extended warranty. Cost to me? The warranty however it seems to be better than having to replace the headphones outright after two years.
When you buy a product you buy the item and the warranty. The warranty that comes with this is the manufacturers guideline on how long they will provide support for you if that product fails. This is from point of purchase.
So in your example of the headphones, the manufacturer will provide you with support for up to two years - or they "guarantee" that the product will be working for 2 years and if it doesn't offer to replace or repair the item. If the item fails after 18 months and you are provided with a new pair you are not buying a fresh warranty. Therefore your original warranty applies, even though the actual product is a new item with a new serial number.
As a side note whenever I buy headphones I try and get the extended warranty - think the last pair I bought it was a fiver. They only last for a year with the amount I use and abuse them so when they inevitably fail I go into Argos who give me vouchers. I buy a new pair, *with a new warranty* and then purchase the extended warranty. Cost to me? The warranty however it seems to be better than having to replace the headphones outright after two years.
te. Beats perchance?Oh. I've just realised you bought them from Comet.
I guess your beef was with them in a claim that the goods were not of satisfactory quality in that they lacked the required durability.
Sadly they've gone to the big retail park in the sky, so you're left with knackered headphones and the knowledge that you shouldn't buy that product again.
I guess your beef was with them in a claim that the goods were not of satisfactory quality in that they lacked the required durability.
Sadly they've gone to the big retail park in the sky, so you're left with knackered headphones and the knowledge that you shouldn't buy that product again.
Warranty is from the date of purchase not replacement so you've no chance there, although you may be able to hit them with a legal claim as headphones should last longer than just a year or so.
Once of my cars is under warranty and I've had ~£6k of work covered by this in the last 12 months. I asked the garage what happens if the part replaced under warranty fails after the end of the 12 month warranty ? They told me I have to pay as parts replaced under warranty do are not warranted or guaranteed. As it happens I have renewed the warranty so it doesnt matter but I thought it was a bit off that they could replace (for example) the catalytic converter at something like £1000 but if it turns out to have a problem there is no comeback.
Once of my cars is under warranty and I've had ~£6k of work covered by this in the last 12 months. I asked the garage what happens if the part replaced under warranty fails after the end of the 12 month warranty ? They told me I have to pay as parts replaced under warranty do are not warranted or guaranteed. As it happens I have renewed the warranty so it doesnt matter but I thought it was a bit off that they could replace (for example) the catalytic converter at something like £1000 but if it turns out to have a problem there is no comeback.
Who should the OP hit with a legal claim? I don't think Comet exist any more and I don't think he has any actionable relationship with the manufacturer.
As for car repairs, our 14 year old BMW was repaired by them recently and we were explicitly told we had a 12 month warranty on their fitted parts and labour.
As for car repairs, our 14 year old BMW was repaired by them recently and we were explicitly told we had a 12 month warranty on their fitted parts and labour.
Do a bit of Googling on EU warranties. Electrical goods can have a warranty period of up to 6 years. Headphones are a portable item and should be expected to be robust enough for the purpose. I should remind the manufacturer (in this instance as retailers have gone bust) of the EU stuff and ask them to repair or replace. (I had this with one of the kids ipods that was according to them out of warranty - after a threat of small claims court under the EU regs they folded quite quickly).
Good Luck - do let us know how you get on.
Good Luck - do let us know how you get on.
10 Pence Short said:
Who should the OP hit with a legal claim? I don't think Comet exist any more and I don't think he has any actionable relationship with the manufacturer.
As for car repairs, our 14 year old BMW was repaired by them recently and we were explicitly told we had a 12 month warranty on their fitted parts and labour.
There's no cause of action against the manufacturer. If the item was paid for with a credit card then the card issuer may be jointly liable under s.75 CCA 1974, if not then it's down to any goodwill the manufacturer may wish to extend.As for car repairs, our 14 year old BMW was repaired by them recently and we were explicitly told we had a 12 month warranty on their fitted parts and labour.
Just to follow this up.
Had messages back and forgot with the companies support team and getting no where so told them that I wished to escalate it which they did.
Speaking to the senor support team in every email they kept emphasising the 2 years from purchase warranty.
So then put forward the case that if the items have a 24 month warrenty so therefore they are stating these should last at least 24 months and I haven't had a single pair that hasn't.
At this point they agreed to replace them without further dispute and I recieved them today.
I've noticed on these replacements they've took the serial number off them
Had messages back and forgot with the companies support team and getting no where so told them that I wished to escalate it which they did.
Speaking to the senor support team in every email they kept emphasising the 2 years from purchase warranty.
So then put forward the case that if the items have a 24 month warrenty so therefore they are stating these should last at least 24 months and I haven't had a single pair that hasn't.
At this point they agreed to replace them without further dispute and I recieved them today.
I've noticed on these replacements they've took the serial number off them
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff