Re: PC monitor hell

On Thu, 19 Jun 2008 23:13:02 +0100, martin <usenet1@xxxxxxxxxxx>
wrote:

Alex Heney wrote:
On Thu, 19 Jun 2008 07:54:19 +0100, "M.I.5¾"
<no.one@xxxxxxxxxxxxxxxxxxxxxx> wrote:

"The Todal" <deadmailbox@xxxxxxxx> wrote in message
news:6bsfddF3d6hmrU1@xxxxxxxxxxxxxxxxxxxxx
"AnthonyL" <nospam@xxxxxxxxxxxxxx> wrote in message
news:4858f301.9943281@xxxxxxxxxxxxxxxxx
On Wed, 18 Jun 2008 11:40:31 +0100, James Luff <lufferov@xxxxxxxxx>
wrote:

I purchased a monitor from Staples on-line and with literally a few days
remaining on the 12 month guarantee the back light failed. I took the
monitor back to my local store and the manager said he would try and
sort it out. They sent it back to Gateway and this is how I now find
myself in this situation.

Can you not still proceed as per Staples on-line warranty procedure:

"If a technology product develops a fault within 12 months of purchase
from us, you will need to follow the manufacturer's warranty
instructions and call them first (telephone numbers here) to confirm
the nature of your fault and obtain a fault acknowledgement reference
from them. Please note we are unable to accept technology returns
without this reference. Once you have the reference, please call us on
0844 546 7777 so we can arrange collection."

You have the support of the store manager that the fault developed
before the expiry of the warranty.
The Staples on-line warranty procedure, if you have quoted it correctly,
appears to deny the consumer his statutory rights. If you buy a defective
item, you should return it to the retailer. You should not be required to
contact anyone else - even if it is a manufacturer - and jump through
hoops to persuade them to issue a returns reference number. That's doing
the retailer's job for them. Bloody impertinence. I'd try reporting it
to Trading Standards.

When I had to return my X-box I had the same problem. Currys insisted that
it was nothing to do with them and that I had to contact Microsoft who
would not only confirm that the item required replacement, but would
arrange to replace or repair the item without Currys' involvement. I went
along with it, had to pack the bloody thing up and label it for return to
Microsoft, and also took it into town to drop it off at a branch of the
courier company. No doubt that's how Currys are able to offer such
excellent low prices on all their range. By ignoring their statutory
obligations and forcing the customer to deal with someone else. Wish I'd
sued them now. That may yet happen if the rotten x-box goes wrong again.
You may have been lucky. Most items sold by Currys (and indeed PC World)
are bought from the manufacturers on the condition that no manufacturers
warranty is supplied or honoured (basically the manufacturer never wants to
see them again).

That is illegal.

Can you explain please?

As I understood it (IANAL etc) the end users' contracts are with the
shop. The shops' contracts are with the distributors on a B to B basis.

The B 2 C contracts come under the laws of SOGA etc, and the consumer
have full rights against the shop. The contract between the shop and
distributor are B 2 B and SOGA doesn't apply as both parties are
considered to be on equal footing.

Why is it illegal for the manufacturer to sell goods to a store on the
understanding that the usual manufacturers warranty they usually apply
is defunct?


OK, having re read the regulations, it wouldn't actually be completely
illegal. I was wrong on that.


But Section 15 of the Sale and Supply of Goods to Consumers
Regulations 2002 makes the guarantor contractually liable for any
consumer warranty offered with the goods.

They would have to completely remove all references to any warranty,
including any that was suggested on the packaging and any suggested in
their advertising for the product, in order for that to be valid.

--
Alex Heney, Global Villager
It's as easy as 3.14159265358979323846264338327950...
To reply by email, my address is alexATheneyDOTplusDOTcom
.

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