Advice/Help needed regarding a warranty

[garethEds]

Hi,

 

Maybe someone on here can advise...

 

I bought my father a tablet PC from a well known IT Company. It was one of their own brands. It lasted 7 months before it failed - it would not charge. The company asked me to send it back under warranty. I did, they confirmed it had broken and sent out another one (slightly improved model).

 

My father had the second one for the same amount of time (7 months) and that too has now failed. I sent it back and they have confirmed it has broken. Same issue - not charging.

 

So I've asked for my money back as I've lost all confidence in their tablets. They say they will only refund what the tablet is worth and have offered me £39.xx (cannot remember exact number). They say it is out of the 12 month warranty.

 

This is annoying me - as we've had two tablets in 14 months and both have failed with the same issue. They say a new warranty would not be started on the second tablet as it was a replacement and would fall under the original purchase warranty.

 

Two tablets - 7 months usage each?

 

Do I have any leg to stand on or should I just take what they offer me? - which I think is a sham!

 

Gareth

[round2it]

yep what they said Edited April 15, 2014 by round2it

[pete]

EU Directive EU 1999/44/EC = 2 year warranty.

 

Sale of Goods Act is good for six months IIRC.

 

Provided your father hasn't mashed the (usb?) charge port by forcing it in upside down - which (were I handling the return) would be the first thing I'd check for.

[localzuk]

First, by law, the company that sold you the device has to provide a warranty (to repair/replace or refund if faulty) for 6 years. The only issue is that for the first 6 months, the seller has to prove it wasn't their fault, but after 6 months it shifts so you have to prove it was their fault (ie. this device had this flaw when they gave you it). The fact that you've had 2 of them and they've both died at the same age, and they admitted fault with the prior one should be evidence enough that this is an ongoing design problem with the devices.

 

The relevant laws are the Sale of Goods Act and the Limitations Act.

 

As the device is effectively dead, it is also not classed as a minor defect.

 

So, all this together means you should be able to demand a replacement. However, if you do want a refund, they can offer a partial one due to time passing. I'd advise going with a replacement.

 

EU Directive EU 1999/44/EC = 2 year warranty.

 

We don't apply it directly like that, the relevant law is the Sales of Goods Act over here, combined with the Limitations Act - which gives us 6 years to complain, but only 6 months where the onus is on the seller to prove consumer fault.

 

Warranties that are on top of this are additional to the law, but don't override it.

Edited April 15, 2014 by localzuk

[garethEds]

Thanks everyone.

 

Gareth

[plexer]

Trying to get any company to budge on items older than 12 months or in your case the combined 14 months is very hard indeed and it depends on how much you value your time to chase and chase them over it in the long run it may be more economical to take the partial refund and put it towards a better tablet.

 

Ben

[garethEds]

Just to bring this one to an end I've had a full refund from Novatech. I simply argued that the product was not fit for purpose and the fact that both tablets only lasted 7 months each was proof of this - both with the same fault.

 

So - I'm happy, my Dad is happy and Tesco will be happy when he purchases a Huddle.

 

Thanks everyone.

 

Gareth

[Garacesh]

Just to bring this one to an end I've had a full refund from Novatech. I simply argued that the product was not fit for purpose and the fact that both tablets only lasted 7 months each was proof of this - both with the same fault.

 

So - I'm happy, my Dad is happy and Tesco will be happy when he purchases a Huddle.

 

Thanks everyone.

 

Gareth

 

As the owner of a Hudl, providing you're not thrashing it with high-end games, it's perfectly suited to what you'll use it for (and even the vast majority of games I've tried fine, too, the only exception being Plants vs Zombies 2)

Also, the [T] button in the bottom left can be disabled if you go into Apps and disable the pre-loaded Tesco bulkware. The button stays there, but if you press it, nothing happens. Might be useful