I just tried to send back a faulty dimmer switch to Screwfix; supplied
last November as a replacement when the previous one failed. They
declined on the basis that the original purchase was in Feb 2004, ie
more than 12 months ago.

I'm not unduly concerned given the low value of the item, but am still
interested on a point of principle... some weeks ago this was discussed
he if something comes with a 12-month warranty and is replaced, I'm
sure a couple of folk reckoned that the 12-month "clock" restarted with
the supply of the new item. Is that definitely the case?

As I say, not particularly fussed about a £5 dimmer, but I would have
been seriously ****ed off if this had been, say, an expensive power tool.

David

"Lobster" wrote in message
...
I just tried to send back a faulty dimmer switch to Screwfix; supplied last
November as a replacement when the previous one failed. They declined on
the basis that the original purchase was in Feb 2004, ie more than 12
months ago.

I'm not unduly concerned given the low value of the item, but am still
interested on a point of principle... some weeks ago this was discussed
he if something comes with a 12-month warranty and is replaced, I'm
sure a couple of folk reckoned that the 12-month "clock" restarted with
the supply of the new item. Is that definitely the case?

Sounds standard practice to me, they warrent the purchace for 12 months, if
it is repaired or replaced within that period, then the "timer" won't be
reset.

As I say, not particularly fussed about a £5 dimmer, but I would have been
seriously ****ed off if this had been, say, an expensive power tool.

The warranty would still be valid for whatever period they stipulated before
purchase, so if the expensive power tool came with a 12 month warranty, then
failed after 12 months and 1 day, the warranty would not cover it.

You may have a case to claim from the supplier under the sale of goods act,
this is irrespective of any warranty :-)
www.tradingstandards.gov.uk

or more specifically have a look here
http://www.tradingstandards.gov.uk/c...V0054-1111.txt
(http://tinyurl.com/2ovyu)

An example from that page is this...
Q. I bought a fridge/freezer about eighteen months ago, and the freezer
section has completely failed. I went back to the shop, but they refused to
do anything as it was outside the original twelve-month guarantee. What are
my rights?

A. If the time limit has expired on the guarantee then you have no claim
under the guarantee. However, if you can show that the goods were not of
satisfactory quality at the time of sale i.e. they were not as durable as it
is reasonable to expect, then you may have a claim against the trader or
finance company (if applicable) for compensation under the Sale of Goods
Act.



Sparks...

Lobster wrote:
I just tried to send back a faulty dimmer switch to Screwfix; supplied
last November as a replacement when the previous one failed. They
declined on the basis that the original purchase was in Feb 2004, ie
more than 12 months ago.

I'm not unduly concerned given the low value of the item, but am still
interested on a point of principle... some weeks ago this was discussed
he if something comes with a 12-month warranty and is replaced, I'm
sure a couple of folk reckoned that the 12-month "clock" restarted with
the supply of the new item. Is that definitely the case?

I'd say it's definitely NOT the case. The clock starts with the original
purchase and ends when the warranty period ends. Otherwise there would
be instances of replacements 'failing' every 11 months leading to an
eternal supply of new replacements.

As I say, not particularly fussed about a £5 dimmer, but I would have
been seriously ****ed off if this had been, say, an expensive power tool.

There's the warranty as offered by the vendor and the expection that
something last a reasonable time as provided for by the Sale of Goods
act. It's reasonable to expect a durable item to last longer than 12
months but just you try getting a shop or retailer to agree. Tyically
you have to go to court...

Guy
-- ---------------------------------------------------------------------
Guy Dawson @ SMTP - // ICBM - 6.15.16W 57.12.23N 986M
4.45.4 4.45.4 4.45.4 The Reality Check's in the Post! 4.45.4 4.45.4

I've returned a sander after 2 years - it was little used and only
worked upside down. Forget guarantees and remember stautaory consumner
rights. THe person with the freezer - there is no maybe's about you
having a claim. As long as you have not abused the product it should
last 5-6 years and so the shop (not anyone else) should repair, replace
or give your money back. Of course they will say otherwise but ask,
then send registered letter, then small claims.

"Lobster" wrote in message
...
snip

I'm not unduly concerned given the low value of the item, but am
still
interested on a point of principle... some weeks ago this was
discussed
he if something comes with a 12-month warranty and is replaced,
I'm
sure a couple of folk reckoned that the 12-month "clock" restarted
with
the supply of the new item. Is that definitely the case?


So, you're really asking about the sale of goods act etc., so why
didn't the subject line reflect this, or are you really just using the
opportunity to slag off Screwfix - again ?...

"Lobster" wrote in message
...
snip

I'm not unduly concerned given the low value of the item, but am
still interested on a point of principle... some weeks ago this was
discussed he if something comes with a 12-month warranty and is
replaced, I'm sure a couple of folk reckoned that the 12-month
"clock" restarted with the supply of the new item. Is that
definitely the case?

I don't think so - I think you merely get the residue of the original
warranty.

If you *can*, get your money back and then buy another *new* item. That way,
you *will* get a full warranty on the replacement.
--
Cheers,
Set Square
______
Please reply to newsgroup. Reply address is invalid.

:::Jerry:::: wrote:

So, you're really asking about the sale of goods act etc., so why
didn't the subject line reflect this, or are you really just using the
opportunity to slag off Screwfix - again ?

A little rich coming from the man who's apparently incapable of clicking
the send button without slagging someone off. Oh, did it again I see.

First, yes I was asking about the Sale of Goods Act; I deliberately
chose the subject I did because of its relevance to this ng, and because
I wanted a reply from this ng (a) because I rate the feedback from its
members far more than most others and (b) because as I mentioned, it was
folks in this ng who had spoken of a 12-month guarantee restarting with
the supply of a replacement item.

I'll bet if I'd posted with your suggested subject line, you'd have
whinged it was OT for this group...

Finally, who's slagging off Screwfix anyway[1]? My post was simply an
unemotional, factual report of a phone conversation I had with them; no
criticism implied or intended. I specifically included full details
because I thought the nature of the item purchasd might well have some
bearing on people's opinions.

David

[1] If I'd wanted to do that I would have posted about last week's phone
call to Screwfix, which was to discuss a delivery which included a
5-litre can of bitumen paint, which had burst open and liberally covered
the rest of the contents of the parcel as a consequence of there being
no packaging material at all inside. But I didn't.

Lobster wrote:
:::Jerry:::: wrote:

So, you're really asking about the sale of goods act etc., so why
didn't the subject line reflect this, or are you really just using the
opportunity to slag off Screwfix - again ?


A little rich coming from the man who's apparently incapable of clicking
the send button without slagging someone off. Oh, did it again I see.

First, yes I was asking about the Sale of Goods Act;

The Sale of Goods act and any supplier guarantee are not related. That's
why you see all the 'does not affect your statuatory rights' signs and
labels.

I deliberately
chose the subject I did because of its relevance to this ng, and because
I wanted a reply from this ng (a) because I rate the feedback from its
members far more than most others and (b) because as I mentioned, it was
folks in this ng who had spoken of a 12-month guarantee restarting with
the supply of a replacement item.

A 12 month gurantee sounds like something a retailer would offer over
and above your statuatory rights. I can't see any sensible retailer
resetting the clock on the gurantee every time a faulty unnit was
replaced under gurantee. If they did you could claim every 11 months.

Guy
-- ---------------------------------------------------------------------
Guy Dawson @ SMTP - // ICBM - 6.15.16W 57.12.23N 986M
4.45.4 4.45.4 4.45.4 The Reality Check's in the Post! 4.45.4 4.45.4

In message , Guy Dawson
writes

A 12 month gurantee sounds like something a retailer would offer over
and above your statuatory rights. I can't see any sensible retailer
resetting the clock on the gurantee every time a faulty unnit was
replaced under gurantee.

I do,

If they did you could claim every 11 months.

Only if the item is faulty

--
geoff

On Tue, 10 May 2005 22:29:10 GMT, Lobster
wrote:

I just tried to send back a faulty dimmer switch to Screwfix; supplied
last November as a replacement when the previous one failed. They
declined on the basis that the original purchase was in Feb 2004, ie
more than 12 months ago.

I'm not unduly concerned given the low value of the item, but am still
interested on a point of principle... some weeks ago this was discussed
he if something comes with a 12-month warranty and is replaced, I'm
sure a couple of folk reckoned that the 12-month "clock" restarted with
the supply of the new item. Is that definitely the case?

As I say, not particularly fussed about a £5 dimmer, but I would have
been seriously ****ed off if this had been, say, an expensive power tool.

David

Hi,

Why not buy another one and send the faulty one back a bit later? They
can't cost Scroogefix more than £1.

cheers,
Pete.

"Lobster" wrote in message
...
I just tried to send back a faulty dimmer switch to Screwfix; supplied
last November as a replacement when the previous one failed. They
declined on the basis that the original purchase was in Feb 2004, ie
more than 12 months ago.

I'm not unduly concerned given the low value of the item, but am still
interested on a point of principle... some weeks ago this was discussed
he if something comes with a 12-month warranty and is replaced, I'm
sure a couple of folk reckoned that the 12-month "clock" restarted with
the supply of the new item. Is that definitely the case?

As I say, not particularly fussed about a £5 dimmer, but I would have
been seriously ****ed off if this had been, say, an expensive power tool.

David

Electronic stuff should last a lot longer than 12 months. If it only lasted
15 months, then there must have been an inherent fault, design or technical,
in it when you bought it. This makes it not "fit for the purpose" under the
Sale of Goods Act and a host of subsequent legislation, mainly brought about
by Esther Rantzen and her various consumer programmes..

Therefore, however much they pretend it is, a company's 12 month guarantee
is not the end of the matter. Case Law derived under the Act indicates that
six years is a reasonable life expectancy for a product.

If Screwfix's conditions of sale try to exclude your statutory rights as a
condition of providing their 12 month guarantee, this Is an offence. Any
attempt to rob a consumer of his/her statutory rights in any way is also
null and void under the Supply of Goods (Implied Terms) Act 1972.

£5 is £5. Contact your Local Authority's Trading Standards Department for
how to proceed.

Nemo

"Lobster" wrote in message
...
I just tried to send back a faulty dimmer switch to Screwfix; supplied
last November as a replacement when the previous one failed. They
declined on the basis that the original purchase was in Feb 2004, ie
more than 12 months ago.

At least they replaced it the first time. Toolstation have ignored a
request to replace a faulty TRV. Again it's only £5 so it's too much hassle
and I've just decided never to order from them again if I can help it.

nemo wrote:
Therefore, however much they pretend it is, a company's 12 month guarantee
is not the end of the matter. Case Law derived under the Act indicates that
six years is a reasonable life expectancy for a product.

No, six years is the time limit (in England and Wales) for a claim to be
pursued. The court will determine what is a reasonable life expectancy,
and that will depend on the nature of the product and the price paid.

Owain

On Fri, 13 May 2005 11:31:37 +0100, Owain
wrote:

nemo wrote:
Therefore, however much they pretend it is, a company's 12 month guarantee
is not the end of the matter. Case Law derived under the Act indicates that
six years is a reasonable life expectancy for a product.

No, six years is the time limit (in England and Wales) for a claim to be
pursued. The court will determine what is a reasonable life expectancy,
and that will depend on the nature of the product and the price paid.

Owain

This whole area of statute of limitations and consumer legislation
became a big issue elsewhere in Europe when minimum standards of two
years were being set.

It was not a particular issue in the UK, because there was six years
anyway, but in Germany especially which had not previously had
anything exactly like this, the consumer organisations coupled with
public confusion has meant that suppliers are now required to give at
least two years warranty enforced by law.

Of course manufacturers have turned the cost of this into a marketing
point; but it is why some manufacturers have taken a pan-Europe view
and have made the warranty the same (2 or 3 years) everywhere.





--

..andy

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