Warranty length on replacement for faulty items

  Ellie3009 15:06 12 Feb 2003

This is something I was wondering about after a recent experience, and I thought perhaps one of the legal eagles around here could possibly answer...

Say an item with a 12 month warranty on it, ie a printer, develops a fault after 6 months and I am given a brand new replacement.

Am I then legally entitled to 12 months warranty on the replacement printer, or only the 6 months which remained of the original warranty?

Or does the situation depend on the retailer?

  Sir Radfordin™ 15:25 12 Feb 2003

The situation will depend on the retailer. In some cases the warranty will be from the original purchase point.

Any warranty is in adition to your rights as a consumer. If the product that was replaced fails after 7 months and you are told it can not be replaced then you can claim that it was not fit for the purpose. A printer, for example, should last more than 7 months. Even though it has been replaced the replacement should still be expected to last a reasonabl length of time.

  Ellie3009 15:33 12 Feb 2003

Thanks Sir Radfordin.

The situation that caused me to wonder about this was that my portable minidisc player packed up this weekend for no apparent reason.
I rang the retailers (Jarvis audio, brilliant service if anyone is looking for hi-fi bits) and they agreed to send a replacement, which I now have only 72 hours later.

I was just wondering, given that I had only had it 5 months, whether the replacement unit should carry a 7 month warranty or a 12.

I know that in the past I have returned a faulty walkman to currys about 10 months after purchase, only for the replacement to develop the same fault after about 8 months, and be replaced again without quibble.
Is this the standard practice?

  TBH1 16:40 12 Feb 2003

spookily enough - - -4 years ago I bought a pair of golf shoes, guaranteed waterproof for 12 months. After 11 months the leather began to peel away thus rendering them, well, non-waterproof, so I took them back and exchanged them for a new pair, a pair exactly the same. Again, after 10 months they began to fail in the same place so again I took them back, explained the problem to the shop. They tried to insist they were out of guarantee but when I showed them the original box stating " Guaranteed waterproof for 12 months" and that I had not got 12 months out of them, they exchanged them. Swapped them for a different make and still wear them . Not computer related I know - - -

  oresome 16:43 12 Feb 2003

Standard practise is for the manufacturers warranty to cover the stated period from the initial purchase date. Any replacement is warranted for the remainder of this period. Otherwise you may continue ad infinitum with an unreliable product getting replacements.
There again, why not?
At the end of the day the contract is between you and the retailer, who may take a more liberal view to save argument and retain customer satisfaction as in your case.

  carver 19:32 12 Feb 2003

If you buy a product and it fails after 7 months and the retailer replaces that item ,then the new warranty starts from the day you collect the replacement.Always ask for a new receipt on collection and if that fails after 7 months the same process can be carried out again.If an item is replaced then the original receipt is void and a new receipt should be issued. The same principle applies if an item is repaired, if the same part again fails within a reasonable time, then the retailer is obliged to repair it again and again,

  Ellie3009 21:36 12 Feb 2003

Hmmm, I think I might just email the people who sold me the minidisc and ask them what their position is!

Thanks all for the input :o)

  Stuartli 22:00 12 Feb 2003

The warranty period would normally be completed when it was due to expire - you cannot expect to gain more than the original warranty agreement.

The fact that an item has been replaced is because it falls during the active period of the warranty.

Any additional extension benefit granted would purely be a gesture of goodwill by the retailer or manufacturer, not the fact that you have been given a replacement during the warranty period.

Otherwise it could go on ad infinitum.

  spuds 22:49 12 Feb 2003

You will generally find that the product warranty on a replacement, will cover the remaining time of the original product. No manufacturer or retailer are obliged to keep issuing endless warranties, especially if the fault is suspect. If the problem persists then it would be in the sellers interest to give a refund. Some insurance policies usually have a fair wear and tear clause attached.

  Forum Editor 23:08 12 Feb 2003

making the point that there's a differnece between a warranty and a guarantee.

If you buy a product, and it carries a manufacturer's guarantee, and it fails (due to a manufacturing fault) within the guarantee period you will be entitled to make a claim under the terms of the guarantee. So far so good.

You receive a replacement product from the retailer (who promptly collects reimbursement from the manufacturer) and the new product carries the same manufacturer's guarantee. There's no question of the guarantee being limited to the unexpired portion of the old one - it's a new product, and carries the full guarantee.

A warranty is different. It may be issued by the manufacturer, but it may equally well be issued by the retailer, and is in addition to both your statutory rights, and to the manufacturer's guarantee. The warranty is for the original product, and will not necessarily be renewed by the retailer with the replacement product - you may have to be content with the unexpired portion of the old one.

A manufacturer, or retailer for that matter, can place whatever restrictions on the warranty that they like - it's a voluntary thing, and not governed by legislation. What is governed by legislation is the fact that if the second item fails you are just as entitled to take it back to the retailer, and you are equally well covered by the sale of goods act.

  davidg_richmond 13:54 13 Feb 2003

The Consumer Gateway has a small section on this, saying that you do not have an immediate right to a new guarantee - it omits the fact that you still have statutory rights covering the replacement product though, which are the same as on the original.

click here

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