My bluray player recently after just two years service has stopped playing discs its been to an official service centre who said its a faulty rom and going to cost almost the same amount as the player new. Now this player has not seen much action i still have a very good dvd player and my bluray collection is around 50 discs the player cost £350 new i dont think this is a reasonable amount of time for it to last?. Now here it comes the retailer is not saying they arent going to do nothing they have not mentioned charges yet but they dont want to buy the parts new they have another faulty player in the company and want to remove the rom it for mine is this accecptable.
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What is accecptable
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The Sales of Goods Act should cover this - it would be considered "reasonable" in the legal sense that a £350 BD player should be fit for purpose for far more than a year or two - under the act you can make a claim with the retailer for up to six years after purchase in England and Wales or five in Scotland. Rather ambiguously the act says that goods should last "a reasonable time" - that may only be considered a year for a £7 Tesco's toaster but obviously far more for an expensive piece of electronics like a top of the range BD player like yours - I'd say up to the prescribed full six years in normal circumstances.
Your contract is with the retailer, who ideally should fix it at no cost to you. If they can fix yours with parts from another machine, and it functions perfectly well and as you'd expect, then I'd say that's fine and a good solution all round. You can still make further claims with the retailer if the BD player breaks down again within its "reasonable" lifespan, although obviously the older it gets, the harder this is to pursue (relatively easy at two years old, much harder at six). If the retailer wants to charge you for the fix (or indeed charge anything you're not happy with) or fail to fix the player properly or to your satisfaction, you need to press them further, ultimately with the threat of a Small Claims Court action if need be. However, it does sound like the retailer is playing ball so far so hopefully that won't be necessary - always easiest to sort these sorts of things out amicably.
While the retailer is legally responsible for sorting this out, it's a shame the manufacturer has taken such little interest in helping you - it's potentially very poor publicity for them, both in the quality of the product and their after sales service.
Your contract is with the retailer, who ideally should fix it at no cost to you. If they can fix yours with parts from another machine, and it functions perfectly well and as you'd expect, then I'd say that's fine and a good solution all round. You can still make further claims with the retailer if the BD player breaks down again within its "reasonable" lifespan, although obviously the older it gets, the harder this is to pursue (relatively easy at two years old, much harder at six). If the retailer wants to charge you for the fix (or indeed charge anything you're not happy with) or fail to fix the player properly or to your satisfaction, you need to press them further, ultimately with the threat of a Small Claims Court action if need be. However, it does sound like the retailer is playing ball so far so hopefully that won't be necessary - always easiest to sort these sorts of things out amicably.
While the retailer is legally responsible for sorting this out, it's a shame the manufacturer has taken such little interest in helping you - it's potentially very poor publicity for them, both in the quality of the product and their after sales service.
I thought the sale of goods act contract with respect of the retailer is 6 months rather than 6 years?
I'd try a letter to the manufacturer, which has worked for a relative with a TV. I have also had some good out of guarantee favour from another manufacturer via a dealer.
I'd try a letter to the manufacturer, which has worked for a relative with a TV. I have also had some good out of guarantee favour from another manufacturer via a dealer.
It's both in fact - if the item goes wrong withing six months it's up to the retailer to prove the item was fit for purpose at the time of sale and that any faults were directly caused by the consumer. After six months but before six years the onus is on the buyer to prove that the fault was *not* caused by them, ie that it's not reasonable wear and tear or accidental damage and that the item - or a component in the item - should have reasonably been expected to last longer - an independent engineer's report can help here. Normally your rights are against the retailer throughout (for the full "up to six years" period) rather than the manufacturer, although a manufacturer may of course independently operate its own guarantee scheme or repair malfunctioning products itself to ensure good customer support and retention.
In this particular case it sounds like the retailer has accepted the buyer's view that the player shouldn't have failed in such as short time period and will attempt a fix.
Consumer law can be a bit of a minefield - especially when both retailers and manufacturers turn a blind eye and blame each other - and responsibility can sometimes be difficult to prove, but as in much of civil law (in theory if not practice), the focus is on what is 'reasonable' and this by and large should protect the consumer.
More here on the SoGA act from Which?:
http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/your-rights/
and Consumer Direct:
http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/SGAknowyourrights/
In this particular case it sounds like the retailer has accepted the buyer's view that the player shouldn't have failed in such as short time period and will attempt a fix.
Consumer law can be a bit of a minefield - especially when both retailers and manufacturers turn a blind eye and blame each other - and responsibility can sometimes be difficult to prove, but as in much of civil law (in theory if not practice), the focus is on what is 'reasonable' and this by and large should protect the consumer.
More here on the SoGA act from Which?:
http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/your-rights/
and Consumer Direct:
http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/SGAknowyourrights/
Couldsend a letter but its amazing how easy they dont get them or say they dont get them which slows the process considerbly. Iv'e used a radio consumer programme on two previous accasions (Not hifi related though) and they were excellent dealing with the companies and sorting my two issues out with refunds! Unfortunaley as the country aconomy worsens customer care gets worser resulting in poor aftersales service. So stand your ground and you shouldn't have any probs under the 6yr consumer rights! Good luck!
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dsharratt:P.S Sorry about the spelling typing too fast!
You can always edit your posts, you know!
You can always edit your posts, you know!
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