Guarantee Question??

  tammam 03:15 27 Mar 2003
Locked

hi, i bought a visioneer scanner from pc world a year ago. the 1 year guarantee that comes with it has just finished on the 11/03 today is the 27/03 and i tried to use the scanner and it wouldn't work. i tried everything and it wouldn't work. i'm thinking of taking it to PCWorld for an exchange. i'm quite happy with the scanner it's just that it doesn't work anymore, my question is: am i still entitled to a free exchange since it's only 2 weeks after the expiry of the guarantee? and if yes what do i do if they refuse to exchange.

thanks

  TheTerminator 07:54 27 Mar 2003

no, because a 1 year guarantee lasts for one year.
They are not obliged to help you in the slightest.
If this is a wind up question, it is a good un.

  bfoc 08:11 27 Mar 2003

Are in addition to your consumer rights and cannot replace them.

Since the warranty has ended the question to ask is where do you stand under consumer legislation?

Well you are not 'entitled' to a replacement, but, if you could show (somehow??) that the fault was there from the beginning you would be entitled to some 'compensation' which could be a repair or some money off another scanner. So the difficulty you face is diagnosing the fault and proving when it was there from. Not easy.

Of course PC World may well be willing to give you money off a new scanner out of goodwill. You lose nothing by taking it to them and seeing what they say.

I'm sure you've fully checked drivers, cables, ports and plugs to ensure that it is the scanner itself that is faulty.

  rct 08:35 27 Mar 2003

You are right to be upset. Under UK consumer law, your statutory rights expect the goods to be of "satisfactory quality" generally this gives you 6 years to claim should something be amiss.

/QUOTE/ (from a site advising businesses on how to deal with consumer rights):

If goods have not been ‘accepted’ by the consumer they can bring the goods back and get a full refund. You can offer a replacement, free repair or credit note but they do not have to accept this. If you do offer a credit note you should make it clear how long it will last.

Consumers may also be able to claim compensation for losses that are the result of these terms being broken, such as where faulty goods have caused other damage or where the consumer has had to hire a replacement.

If goods have been ‘accepted’ by the consumer they are not entitled to take the goods back and obtain a full refund but may be able to claim compensation. This may be up to the same amount it would cost to repair or replace the goods, so you may choose to offer this in any case. Again, a consumer does not have to accept replacement, repair or a credit note.

Goods are ‘accepted’ by the consumer when they have done something to them which is consistent with them being accepted, such as changing them, incorporating them into another item or keeping them for a reasonable time. A consumer must have had a reasonable opportunity to realise that the goods did not comply, for example, a consumer would not be able to tell if an umbrella is faulty if it had not rained for a long time. However, a consumer must make a claim within six years.

ENDQUOTE//

Good luck!

  €dstow 08:48 27 Mar 2003

"i'm quite happy with the scanner"

I wouldn't be!!

€d

  Sir Radfordin™ 09:14 27 Mar 2003

Depends on how much you paid for it. If you paid a tenner then no you don't really have any claim against PC World. If you paid say, 80 quid then yes you do have a claim because it is reasonable to expect a product sold for that much to last more than 54 weeks.

The Sale of Goods Act protects your rights in a case like this, the guarantee is in addition to the rights you have legally.

  Goldcroft 09:32 27 Mar 2003

€dstow and Sir Radfordin: not strictly connected with this thread, but I caught a snatch on the radio couple of days ago that there was now a major change in the Sale of Goods Act. Believe it was that it was now up to the vendor to prove that the goods were not faulty, rather than the purchaser proving that they were. Do you know anything about this?

  Sir Radfordin™ 10:43 27 Mar 2003

This will be what you are looking for click here

  davidg_richmond 11:26 27 Mar 2003

bfoc was spot on in his reply.

i suppose it all depends on what the fault is - a scanner bulb for instance cannot be expected to last very long, but the power supply unit should do, et cetera. Sir Radfordin, i'm not sure if i agree about how much you pay for something guarantees how long it lasts, its not that way in law but whether a certain type of product is expected to last x years/months.

its up to the guys in charge whether they replace it (or fix it but they're generally not economically repairable) automatically. best ask nicely and politely!

  tammam 13:18 27 Mar 2003

thank you very much for your replies. i'm very greatful. somethings i need to clarify though then i'm off to pc word.

no, this is not a wind up question and secondly I meant 'i'm happy with the scanner' while it was woring. nice one thugh :)

Also the scanner bulb is working perfectly i think it's the mechanism that's not working because the scanner used to check if it was locked when it starts and it's not doing that anymore....finally, i bought it for £99.

  Sir Radfordin™ 13:46 27 Mar 2003

I didn't say how much you paid for something would guarantee how long it lasted. The point is how long it is reasonable to expect it to last. The more you pay for something the longer you can expect it to last, compared to an item that does similar functions but costs less.

If you paid £40 for a VCR you can not reasonably expect it to last as long as one that costs £200. You would expect higher quality components to be used in the more expensive model and so it should last longer. That is the thinking behind the way the SOG Act is worded.

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