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Claim if guarantee has expired.

Claim if guarantee has expired.

Postby mowerman » Tue Oct 03, 2017 7:44 pm

A well respected consumer rights organisation (and others) refer to ones rights once a guarantee period has expired and I quote “However, you still have rights under the Consumer Rights Act or Sale of Goods Act, even if your guarantee has expired.”
We have a faulty item purchased 14 months ago and probably now out of guarantee. Having read
the Consumer Rights Act 2015 I cannot find any reference to ones rights after a guarantee has expired, perhaps I missed it.
What is the relevant section? Thanks.
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Re: Claim if guarantee has expired.

Postby atticus » Tue Oct 03, 2017 8:08 pm

You have statutory rights independent of guarantees. Whether they still apply after 14 months will depend mainly on the type and value of product.
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Re: Claim if guarantee has expired.

Postby dls » Wed Oct 04, 2017 5:41 am

The quote you give may be poor;y phrased.

You start with statutory rights and with rights under the guarantee. Neither replaces the other.
The statutory rights in effect ask how long something of the sort at issue should last (my own badly phrased explanation).
The contractual (guarantee) rights last as long as stated.

From which either period may exceed the other.
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Re: Claim if guarantee has expired.

Postby CP09 » Wed Oct 04, 2017 8:05 am

Consider two cases:-

1) I buy a food mixer from a budget store for £10.00
2) my wife buys a top of the range food mixer for £1000.00 from a specialist cookery store.

Both have a 12 month manufacturer's guarantee.

If the first fails at 14 months, it's not under guarantee, and it's arguable whether it could be expected to last longer, given the price and purchase circumstances.
In the second case, it's quite possible to argue that the expected life span should be well in excess of the standard 12 month guarantee.

Claims under manufacturers' guarantees are comparatively straightforward for the retailer, they don't lose out. Post warranty claims are against the retailer, so you'll be discussing reasonable expectations of service life. You may need to resolve this in court, so the usual caveat about costs appliez.

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Re: Claim if guarantee has expired.

Postby theycantdothat » Wed Oct 04, 2017 2:34 pm

CP09 wrote:Consider two cases:-

1) I buy a food mixer from a budget store for £10.00
2) my wife buys a top of the range food mixer for £1000.00 from a specialist cookery store.

Both have a 12 month manufacturer's guarantee.

If the first fails at 14 months, it's not under guarantee, and it's arguable whether it could be expected to last longer, given the price and purchase circumstances.
In the second case, it's quite possible to argue that the expected life span should be well in excess of the standard 12 month guarantee.

Claims under manufacturers' guarantees are comparatively straightforward for the retailer, they don't lose out. Post warranty claims are against the retailer, so you'll be discussing reasonable expectations of service life. You may need to resolve this in court, so the usual caveat about costs appliez.

Colin


I see that section 9 of the Consumer Rights Act says:

(1) Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

(2) The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—
(a) N/A
(b) the price or other consideration for the goods (if relevant), and
(c) N/A


I am puzzling over what the effect of "(if relevant)" may be. Any suggestions?

Whatever it is, whilst I can see that a top of the range model may be expected to last longer than a bottom of the range model, though not that where you buy it should be relevant, is it quite the case that life expectancy is proportional to price? A shop may offer a particular product at £100 when it first appears on the market, at £65 in a sale and at £30 in the reduced-to-clear section. If the customer is getting a bargain that surely does not shorten the period he should expect to enjoy the product.
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Re: Claim if guarantee has expired.

Postby SPQR49 » Wed Oct 04, 2017 3:46 pm

Re "other consideration" I can think of "incentives" in property transactions perhaps. The price for the property is at (say) £300,000 and the developer offers "free" installed dishwasher and other items. I suppose it could be argued in respect of such incentives that no price has been paid for them per se. If the dishwasher failed to operate then perhaps section 9 is engaged as other consideration - i.e. the property itself, is in scope here.

The "price" in section 9(2)(b), is that list price (£100) or price paid (£30) in your example? I would think it must refer to price paid. In the reduced to clear section you might find a sold "as is" condition thereby overriding the statutory position and providing the quid pro quo for your "bargain" (why should you have your cake and eat it?)
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Re: Claim if guarantee has expired.

Postby theycantdothat » Wed Oct 04, 2017 5:17 pm

But the "as is" condition of the thing in its box is the same as it was when on sale at a higher price. If you cannot have your cake and eat it you have not got a bargain. And what if an item is simultaneously on sale at different outlets at different prices? The price for something like a television can vary significantly from one retailer to another. Every purchaser is surely entitled to expect the same performance from a given product wherever and whenever he bought it and whatever the price he paid.
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Re: Claim if guarantee has expired.

Postby mowerman » Wed Oct 04, 2017 7:29 pm

Thanks folks. I'm going to the retailer tomorrow and will post how I get on. I'm expecting the usual " out of guarantee" or " fair wear and tear after x months" but we'll see.
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Re: Claim if guarantee has expired.

Postby SPQR49 » Wed Oct 04, 2017 8:30 pm

theycantdothat wrote:But the "as is" condition of the thing in its box is the same as it was when on sale at a higher price. If you cannot have your cake and eat it you have not got a bargain.

And what if an item is simultaneously on sale at different outlets at different prices? The price for something like a television can vary significantly from one retailer to another. Every purchaser is surely entitled to expect the same performance from a given product wherever and whenever he bought it and whatever the price he paid.


Not necessarily. The item may have been ex-display for example, or if may even have been dropped or damaged. Granted, the retailer may also be discounting the price simply to shift stock. I would have thought the retailer would be obliged to state this at point of sale to allow the purchaser to assess the risk. If I see an ex-display TV discounted by (say) 50% I am running the risk that it has been used - it is effectively 2nd hand. I pay less to accept more risk. The converse applies: I pay more to accept less risk. But I dont see why I should pay less to accept the same risk (as if I had paid more).

I dont think the price does vary that much. And with some products, it never varies - quality-name perfume for example. Whenever and wherever yes. Whatever price, depends.
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Re: Claim if guarantee has expired.

Postby theycantdothat » Thu Oct 05, 2017 10:36 am

Let's assume undamaged items which have never been out of the box.

Customer A buys the item at full price and Customer B at a heavily discounted price. In each case the item develops a fault a month after the manufacturer's guarantee expires. Are we saying that Customer A has more rights than Customer B simply because he paid more?
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