Smart warranty refusing to replace my new board

[ictgoodpractice]

We bought 2 brand new Smart boards (MX265) in July just before summer hols. They were installed over summer.

 

Teacher started using one of them in Sept and it has died after a weeks use. Screen started flickering, lines over the image on all HDMI and with nothing plugged in. Screen died yesterday. Just black.

 

Phoned SMART, they said as older than 30 days they would not replace with a new one. I said it had only been used from September. So now an on going arguement.

 

Anyone else had this.

 

Not sure I will buy another SMART board !!!

[Ditto]

I presume they are offering a repair only?

[ictgoodpractice]

They said a refurbished board not a new one

[Ditto]

They are not doing their customer service or brand any good here. Firstly, check the details in the warranty, but remember your statutory rights remain the same regardless. Have a read of https://www.citizensadvice.org.uk/about-us/how-citizens-advice-works/citizens-advice-consumer-work/the-consumer-rights-act-2015/. As you are over 30 days, ignoring for now it's not been used for most of that, repair/replacement is a legal option for them. However, I'm unsure if it would be regarded as legally 'reasonable' to replace with a refurbished one. Given the minimal use and short period of time you have had the device, I would say strengthens your case. Be firm, decline the offer of refurbished replacement and see what they do next. If not resolved to your satisfaction, investigate the 'Alternative Dispute Resolution' - you might find mentioning this persuades then to be more customer service oriented! Finally, might be worth giving citizens advice a call, I've found them very help in the past. Although yours is a business transaction, not domestic consumer one, it can still be helpful.

[sparkeh]

@ictgoodpractice are you an LA school? I’ve found that a letter from the LA legal department often focusses minds. Edited September 14, 2019 by sparkeh

[powdarrmonkey]

Firstly, check the details in the warranty, but remember your statutory rights remain the same regardless. Have a read of https://www.citizensadvice.org.uk/about-us/how-citizens-advice-works/citizens-advice-consumer-work/the-consumer-rights-act-2015/.

 

There are no statutory rights in this transaction and the consumer rights act doesn't apply, unless the OP purchased it personally. So the only thing that matters is the contract and whether it has been executed with "reasonable skill and care". What you've purchased is a working smartboard with agreed functionality for a warranted minimum amount of time, and that's what they are providing.

 

But I agree SMART aren't doing their reputation any good here. A reasonable person would know that the board isn't going to be used in anger over the summer holidays to flush out any issues, so if it has failed in a week of proper use that does seem to indicate a quality problem.

 

You could try try that on them. And presumably the board was bought from a distributor and not SMART directly so the contact is with the distributor or installers presumably? In which case that's who you dispute with, you don't have a contractual relationship with SMART (whatever the distributor tries to argue to the contrary).

[ictgoodpractice]

Yes a reseller, I am dealing with them. However the person I spoke to at SMART said the same rule still applies with their reseller.

 

I tried to be sensible with them and say many schools order in summer and don’t use for the 30 days etc. But I ended up having to stop the conversation with the lady as she was so un customer focused. I put the phone down, never done that before !!!

 

Said I should have been told by the reseller to get it up and in use in 30 days. Also that it was my poor planning buying the board so early !!! So much more. I have never had such poor customer service.

 

I mentioned she was not helping her brand and that the schools sector must be a massive part of their customers. I also said I needed one more but might go elsewhere. Did not seem fussed 🤷🏻♂️

 

As people have said, might have to take it further, yes LA school. Will speak to the supplier Monday. They were far more helpful from very brief conversation on Friday at 5pm. Hopefully they have a contact at SMART not just a random person.

 

I have used SMART for 20 years. So angry!! Sorry for rant.

[Ditto]

I think you have every reason to be angry. @powdarrmonkey is correct on the fact that the Consumer Rights Act doesn't apply to B2B transactions, but many of the rights are similar. The sellers contract can exclude various 'rights' but they can not do so in a way that contravenes the Unfair Contracts Act and key here is fit for purpose and satisfactory quality. Keep pushing back on the supplier, escalate and hopefully your LA legal team can hold sway. The majority of the time I find in situations like this, they back down - it makes no commercial sense for them to keep pushing back. Edited September 15, 2019 by Ditto

[ictgoodpractice]

Trouble is, then how long with no board. Teaching ICT, as well as a techie, I know it’s a nightmare without it.

[Ditto]

Fair point and something the manufacturer may be playing on. Hopefully the reseller will come up trump's. My sister is a buyer by profession and is visiting later this morning, I'll see what advice she has - it'll be good that the 'favour' is the other way around for a change:)

[Ditto]

The advice was to check your contract first and take it from there.

[SamanthaD]

According to http://downloads.smarttech.com/media/sitecore/en/support/product/sbfpd/mx/specs/specs_sbid-mx265.pdf you have a 5 year limited equipment warranty. Not sure what limited equipment would mean in this context but screen dying within a week of use would surely come under that. At the least they should be offering a replacement board while yours is inspected/repaired before being delivered back to you (we have this arrangement with several screen and projector manufacturers).

[ictgoodpractice]

After much hassling from my reseller a new one is coming on Thursday. Reseller been great, Smart awful. Luckily we kept an old board or the teacher would have been stuffed. SMART sent a, please give us feedback on our service. Oh yes 😂😂🙈

[Ditto]

After much hassling from my reseller a new one is coming on Thursday. Reseller been great, Smart awful. Luckily we kept an old board or the teacher would have been stuffed. SMART sent a, please give us feedback on our service. Oh yes 😂😂🙈

Top result - glad to hear it.