Right To Refuse A Product For A Full Refund?

[theguvernor]

Morning All,

I'm looking for some advise on an issue i have, if i give you a backround story & some facts could you please let me know if i have a good case in refusing this product?

I have a second job as a DJ, we're required to supply our own equipment, in the form of Turntables/Music/CD Players/Headphones etc.
Most of us use DJ Controllers - essentially a modern da version of a pair of turntables.

I bought a DJ Controller from an online company, who i've bought a few items off in the past, their prices are good. as is their customer service. I paid Circa £1350 for the unit with a case. The unit came with a 12 month warranty as standard (new).
It was the top end controller you could buy at the time.

About 3 months into ownership i began to have problems with the unit, i was getting a lot of sound distortion (it sounded like high end crackle) on the tracks, it would get progressively worse before i would have to switch the laptop off & the unit & re-boot.
This would happen sporadically, sometimes a couple of times a night, sometimes it would go for weeks without incident.
I reported the issue to the company i purchased the unit from & they drew a blank, but told me to call back if it happened again.
3 months or so later it started to do it more often, to a point where it would be a few times a night, (all very embarrassing having to turn music off in a crowded bar/club).
I took a video of the problem, uploaded it to Youtube & sent it to the company, they said it seemed odd & ask me to check i had the right driver/software updates etc. (I did this to no avail).
They agreed to take the unit back & sent it for a repair with the manufacturer.
The manufacturer had it for 3 1/2 weeks & couldn't find any issue & sent it back.
I had the same issues again, kicked up a bit of a fuss & the company i purchased it from replaced it, no questions asked with a brand new unit. (Including new warranty).

Upon doing some online digging on forums, it seems a fairly common issue, that nobody has found a sollution too as of yet, many think it's a software confliction between the units, although the manufacturer will not admit liablity fot this, saying they don't know what it is.

My problem is thus that now the unit is beginning to do it agian, all be it very sporadically, i've tried various different software combinations, on advise from the manufacturer, i've tried stuff suggested online.
I've tried different computers with it & it still does it.

It's simply quite embarrassing & i don't want it to get to a point soon where the person i'm working for cuts my nights out because of it.

Given that i've been fairly reasonable thus far, do you think i have grounds again to ask for a full refund (i have every intention of purchasing something else from them) i just don't really have any faith in the unit anymore!

[Trevor450]

This is merely anecdotal so I don't know how the law stands on this but a few years ago I bought an all singing/dancing all in one printer/scanner/copier/fax.

There was an issue that appeared with the fax machine in that it would hang up as soon as the fax on the other end answered if the phone number started 016. This was a pain as I was sending regular faxes to Manchester and Teesside. I tried new cables (at the recommendation of Epson) and had the line tested. They sent an engineer who replaced the fax modem. All was well for a time but it started doing it again and they replaced the modem once more but it re occurred. They replaced the machine in full but it started doing it again. I think it was a software/firmware glitch as it was only happening to numbers starting 016.

I had to argue the toss with credit card company and supplier but I obtain a full refund eventually and bought a Brother which has been fine. You just need to be persistent and polite.

[Vaud]

And if you are buying something else from them they will be more minded to help in my experience.

[theguvernor]

Vaud said:

And if you are buying something else from them they will be more minded to help in my experience.

That is what i was thinking.
They've been pretty good up until now, i don't really want to replace the unit, as when it works its great, however needs must sometimes as it's the only one of it's kind on the market!
I didn't want to go in all guns blazing, however if they began to get funny, i jus wondered where i stood with being able to 'demand' a replacement.

[TooMany2cvs]

theguvernor said:

I have a second job as a DJ, we're required to supply our own equipment, in the form of Turntables/Music/CD Players/Headphones etc.
Most of us use DJ Controllers - essentially a modern da version of a pair of turntables.

I bought a DJ Controller from an online company

So a business-to-business sale, but SOGA still applies.

theguvernor said:

I had the same issues again, kicked up a bit of a fuss & the company i purchased it from replaced it, no questions asked with a brand new unit. (Including new warranty).

Great.

theguvernor said:

Upon doing some online digging on forums, it seems a fairly common issue, that nobody has found a sollution too as of yet, many think it's a software confliction between the units, although the manufacturer will not admit liablity fot this, saying they don't know what it is.

Okay...

theguvernor said:

My problem is thus that now the unit is beginning to do it agian

do you think i have grounds again to ask for a full refund (i have every intention of purchasing something else from them) i just don't really have any faith in the unit anymore!

You can ask. The relevant date is your original purchase date. That's clearly at LEAST 4 months ago, probably more by the way you describe the timeline. How long since that original purchase? Presumably, the "new warranty" (another 12mo) is documented on the replacement, and still within date? If so, then that's going to see you fixed/replaced again, at the very least. And SOGA rights do give the supplier the right to replace/repair before refund. "Loss of confidence" isn't grounds for a refund.

[All that jazz]

TooMany2cvs said:

theguvernor said:

I have a second job as a DJ, we're required to supply our own equipment, in the form of Turntables/Music/CD Players/Headphones etc.
Most of us use DJ Controllers - essentially a modern da version of a pair of turntables.

I bought a DJ Controller from an online company

So a business-to-business sale, but SOGA still applies.

theguvernor said:

I had the same issues again, kicked up a bit of a fuss & the company i purchased it from replaced it, no questions asked with a brand new unit. (Including new warranty).

Great.

theguvernor said:

Upon doing some online digging on forums, it seems a fairly common issue, that nobody has found a sollution too as of yet, many think it's a software confliction between the units, although the manufacturer will not admit liablity fot this, saying they don't know what it is.

Okay...

theguvernor said:

My problem is thus that now the unit is beginning to do it agian

do you think i have grounds again to ask for a full refund (i have every intention of purchasing something else from them) i just don't really have any faith in the unit anymore!

You can ask. The relevant date is your original purchase date. That's clearly at LEAST 4 months ago, probably more by the way you describe the timeline. How long since that original purchase? Presumably, the "new warranty" (another 12mo) is documented on the replacement, and still within date? If so, then that's going to see you fixed/replaced again, at the very least. And SOGA rights do give the supplier the right to replace/repair before refund. "Loss of confidence" isn't grounds for a refund.

The problem in these circumstances is the company says no fault found and hands it back to you. It's your word against theirs and in situations where there's an intermittent fault which can't be replicated on demand you're stuck between a rock and a hard place. I'm in a similar predicament myself with a computer components supplier who are insisting that there is no fault with a particular part and they have had their "senior technicians" check it out who also confirm there's no problem. I took it to the next level and swapped the part with a lesser spec from my mate's machine and low and behold the problem disappeared. Despite physically showing them the difference on their own workshop bench they wouldn't have it and gave me the "that's just how they are, they all do that sir" crap. They're refusing to exchange or refund it and yesterday I decided I'd had enough and served them Notice before action with 14 days to sort it out or see them in court. I fear that the OP will probably have to go down the same route in order to see a satisfactory resolution.