"Hot Swap" vs Sale Of Goods Act

  PaulB2005 21:34 20 Apr 2006

Further to this thread - click here

I have just been told my friend who bought the faulty TFT has contacted Trading Standards who says the shop should replace the TFT. The Credit Card company says they have "no case" as the warranty is a "Hot Swap" or "On-site" warranty and therefore the shop and the Credit Card company are not liable.

I believe the Sale Of Goods Act says different.

The fact is my friend has now accepted the "Hot Swap" but i would still like to know if the shop and CC company were correct.

  Mr Mistoffelees 21:42 20 Apr 2006

Any "Hot Swap" or "On-site" warranty offered by the manufacturer is in addition to your statutory rights. Your statutory rights are unaffected.

  PaulB2005 21:51 20 Apr 2006

So the CC Company was just trying it on as is the shop?

I understand the SOGA states you CAN use the warranty IF you want to but you don't have to.

  spuds 23:11 20 Apr 2006

Under the terms of section 75 of the Consumer Credit Act 1974, the credit card company have 'equal liability' as similar to that of the seller. Manufacturers additional warranties have no bearing on the matter. The credit card company is trying to evade responsibility, they cannot. Surprising how many credit card companies and loan providers try to avoid their responsibilities through public ignorance of consumer law. If the case be the case, then point out section 75 and their responsibilities.

Personally, I do not see what your friend as to lose by not contacting the manufacturer, he/she may get a replacement must quicker. What I would suggest, is that your friend sends a letter to the seller, explaining that they hold the seller personally responsible under consumer law, and your friend is taking the sellers 'advice and suggestion' in contacting the manufacturer. Any future problems 'again under consumer law' will still be the sellers responsibility.

  Forum Editor 00:26 21 Apr 2006

to post this in the original thread, so people would have an idea of what it's all about, without having to click across.

The real issue, in any such case, is not always one of "what are my rights, and who is liable?", but of "what is going to be the shortest (and most acceptable) route from point A (faulty product) and point B (resolution of problem). The fact that you might be within your legal rights to demand something isn't necessarily going to be of much use if the other party refuses to acknowledge the fact, or to act upon it. In that situation you're faced with a choice - either accept that another course of action might be expedient, or push for your rights and face a long, drawn-out wrangle.

Don't get me wrong, I'm not for a moment suggesting that we all have to lie down and let suppliers ride right over us - I'm all for a just society - it's simply that life teaches you lessons, and one of them is that it isn't always a black and white world.

Your friend has accepted a hot-swap monitor, and I hope that he/she is happy with it. Your curiosity about current consumer legislation is understandable, and technically your friend could have pushed for a replacement by the retailer. Let's hope the swap monitor has a long, trouble-free life. Almost all moniors work properly and the vast majority of them go on to do so for many years.

  PaulB2005 00:45 21 Apr 2006

"It might have been better to post this in the original thread, so people would have an idea of what it's all about, without having to click across."

Sorry. I thought as i'd ticked the thread a new one might be in order. I also attempted to make the first line a brief description of the previosu post but it wasn't as clear as i thought.

To be honest you're right, it's up to my friend what they do and what they accept. I can't make them do anything, it's just I wanted to know who and what's right. The law is there and i know what it says but when someone shouts you down in a shop and tells you you are wrong it makes you wonder what you know! They will have their new monitor but this situation should never have happened. To be fore-warned is fore-armed. I now know what i can do if i get involved in this situation - but it'll never be in that shop...

  spuds 11:03 21 Apr 2006

As a point of interest, did your friend have a face to face meeting at trading standards. I tend to find that some trading standards/consumer advice officers will make a telephone call to the seller/retailer and 'offer' advice on consumer law.Usually this can be done in the presence of the complainant. By this method, you then know the right route as been taken!.

  oresome 19:42 21 Apr 2006

The problem with the hot swap monitor is that you are swapping a brand new monitor for one of unknown vintage.

As I mentioned in an earlier post, I would not have done the fault diagnosis for the retailer.

Simply explain the symptoms that make the computer unsuitable.

At this stage, contacting the monitor manufacturer is not relevant as you don't know it's at fault.

Act dumb and put the onus on the retailer to provide a working system.

This thread is now locked and can not be replied to.

Elsewhere on IDG sites

Samsung Galaxy S9 review

Wacom Cintiq Pro 24 and 32 review – hands-on

When is the next Apple event?

Gmail : comment annuler l’envoi d’un e-mail ?