Hi,
First of all apologies if this is in the wrong section, I thought placing it in Hot Deals made the most sense as the post is for any buy.
The point I'd like to make is no warranty can obviate your protection under the Sale of Goods Act 1979. Additionally, the The Consumer Rights Act 2015 codified some law in this matter as well as extending rights to digital content
One of the key parts of the 1979 Act is that a good should be:
"goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances."
What that means is that if, for example you bought a TV for £1 you really would have little recourse in terms of if anything went wrong with it. On the other hand if "reasonable people" thought that a £1000 TV should last three years without fault and a £2000 TV for five years without fault then you have recourse to with the company that sold you the TV.
The Act also talks about:
"For the purposes of this Act, the quality of goods includes their state and condition and the following:"
(e)durability.
There are many other parts of the Act but "durability" is mentioned specifically. So, again, you have a legal right to expect a TV (for example) to last as long as what a "reasonable person" would expect given factors such as price and the reasonable expectation of how long TVs last.
The Consumer Rights Act 2015 has specific provisions on the "Right to repair or replacement" This act was meant to simplify the law but (to my mind) seems to be a little more circumspect as to redress in terms of repair or replacement. For example, the length of time something has been owned is talked about in terms os being worth less if it were to be replaced. None the less, in essence it continues the Sale of Good Act's provisions that a good be suitable for purpose and quality. So redress for a many thousand pound TV failing outside its warranty still exists.
For an excellent page on the Consumer Rights Act and help on what to do go to:
https://www.citizensadvice.org.uk/a...e-consumer-work/the-consumer-rights-act-2015/
A cynical person might then infer from a thousand or many thousands of pounds TV one year warranty that what the manufacturer is trying to convince buyers of is that they are only protected for one year. Remember that no UK warranty can obviate your legal protection.
I also suspect that whenever a person asks a company to repair or replace a faulty TV outside a warranty that a company would fight the action as the last thing they want is to have precedents set where people were getting their TVs repaired or replaced long after the TVs were out of warranty.
However, an optimistic person might note that sustainability is principle increasingly adopted and that eventually manufacturers will be bound by standards as to how long a good shall last at a a particular price point. In that case the sooner companies change their model to accept goods should last (and repair or replace them if they do not) the sooner they will be in a better position to compete in a future more sustainable landscape.
Conclusion
Acts like these are effectively passive until people avail themselves of it.
Therefore what I'm hoping from this post is to
1. Hear from anyone who has successfully pursued the repair of something when out of warranty.
2. I'm also hoping that the present post will encourage people to pursue a claim outside of warranty. To note that where companies decline a request that some companies are encouraged by the Consumer Rights Act 2015 to tell the consumer about an "Alternative Dispute Resolution provider" - That is an organisation that can resolve the dispute. However, note that companies do not have a legal obligation to use an Alternative Dispute provider except for some industries like financial services.
3. Ask I'm guessing that all posts are moderated for What Hi Fi to create a database of TVs and ask people to provide details of how long their TVs lasted. If there was a readily available source of how long TVs last then that would be evidence that a "reasonable person" could use to justify the repair or replacement of a TV out of warranty. Additionally, if the database contained information about how much people paid for their TV it would also indicate if we should expect a higher priced TV to last longer.
4. The legislation is extensive so any clarification on any of the points I've made would be appreciated.
5. Thought in general about this issue.
First of all apologies if this is in the wrong section, I thought placing it in Hot Deals made the most sense as the post is for any buy.
The point I'd like to make is no warranty can obviate your protection under the Sale of Goods Act 1979. Additionally, the The Consumer Rights Act 2015 codified some law in this matter as well as extending rights to digital content
One of the key parts of the 1979 Act is that a good should be:
"goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances."
What that means is that if, for example you bought a TV for £1 you really would have little recourse in terms of if anything went wrong with it. On the other hand if "reasonable people" thought that a £1000 TV should last three years without fault and a £2000 TV for five years without fault then you have recourse to with the company that sold you the TV.
The Act also talks about:
"For the purposes of this Act, the quality of goods includes their state and condition and the following:"
(e)durability.
There are many other parts of the Act but "durability" is mentioned specifically. So, again, you have a legal right to expect a TV (for example) to last as long as what a "reasonable person" would expect given factors such as price and the reasonable expectation of how long TVs last.
The Consumer Rights Act 2015 has specific provisions on the "Right to repair or replacement" This act was meant to simplify the law but (to my mind) seems to be a little more circumspect as to redress in terms of repair or replacement. For example, the length of time something has been owned is talked about in terms os being worth less if it were to be replaced. None the less, in essence it continues the Sale of Good Act's provisions that a good be suitable for purpose and quality. So redress for a many thousand pound TV failing outside its warranty still exists.
For an excellent page on the Consumer Rights Act and help on what to do go to:
https://www.citizensadvice.org.uk/a...e-consumer-work/the-consumer-rights-act-2015/
A cynical person might then infer from a thousand or many thousands of pounds TV one year warranty that what the manufacturer is trying to convince buyers of is that they are only protected for one year. Remember that no UK warranty can obviate your legal protection.
I also suspect that whenever a person asks a company to repair or replace a faulty TV outside a warranty that a company would fight the action as the last thing they want is to have precedents set where people were getting their TVs repaired or replaced long after the TVs were out of warranty.
However, an optimistic person might note that sustainability is principle increasingly adopted and that eventually manufacturers will be bound by standards as to how long a good shall last at a a particular price point. In that case the sooner companies change their model to accept goods should last (and repair or replace them if they do not) the sooner they will be in a better position to compete in a future more sustainable landscape.
Conclusion
Acts like these are effectively passive until people avail themselves of it.
Therefore what I'm hoping from this post is to
1. Hear from anyone who has successfully pursued the repair of something when out of warranty.
2. I'm also hoping that the present post will encourage people to pursue a claim outside of warranty. To note that where companies decline a request that some companies are encouraged by the Consumer Rights Act 2015 to tell the consumer about an "Alternative Dispute Resolution provider" - That is an organisation that can resolve the dispute. However, note that companies do not have a legal obligation to use an Alternative Dispute provider except for some industries like financial services.
3. Ask I'm guessing that all posts are moderated for What Hi Fi to create a database of TVs and ask people to provide details of how long their TVs lasted. If there was a readily available source of how long TVs last then that would be evidence that a "reasonable person" could use to justify the repair or replacement of a TV out of warranty. Additionally, if the database contained information about how much people paid for their TV it would also indicate if we should expect a higher priced TV to last longer.
4. The legislation is extensive so any clarification on any of the points I've made would be appreciated.
5. Thought in general about this issue.
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