Basic Consumer rights advice please

  Jpeg6785 09:02 27 Feb 08
Locked

If I've brought a flat panel monitor of the internet (a reputable company) and it appears to be faulty turning off and on intermittently, if its less than a month old am I entiteled to have a replacement and not a repair? or a refund....

Basically I dont want this to go back to the manufacturers for repair as its only about three weeks old.

Just want to make sure of my facts before I telephone them today

Thanks again

  Clapton is God 09:45 27 Feb 08

On the face of it the monitor isn't 'fit for purpose'.

At less than a month old you're entitled to a replacement

  Clapton is God 09:47 27 Feb 08

Having said that, it might be worth checking that the various connections are firmly seated before sending it back!

  Jpeg6785 10:02 27 Feb 08

Ok

Just called them "Misco", they said the warranty is with View Sonic and put me through, Ive been told that it will take 10 days to repair or replace or could be longer depending on the fault after collection.

Do I accept this with the manufacturer or is Misco responsible for dealing with me direct and giving me a replacement?

Why is life so difficult?

  wjrt 10:05 27 Feb 08
  ened 10:23 27 Feb 08

You should not be passed to the manufacturer.

The responsibility at this stage is with the person who sold you the Monitor.

If it is faulty they are obliged to replace it as a matter of course.

  Jpeg6785 10:48 27 Feb 08

I have contacted consumer advice and they have stated that the company who sold it must deal with it as the contract of sale is with them, however they are "not obliged" under the sale of goods act 1979 to offer a refund or replacement and are quite within their rights to insist on repairing the item even though its only two weeks old.

Luckily for me i called Misco customer services back explained that I wasnt happy with the situtation and i have a replecement winging its way to me with the other one being collected, I have only praise for the customer services there and can only thank them.

Consumer rights still baffle me, but then again I'm easly baffled....

  ened 12:46 27 Feb 08

Jpeg6785

I had this situation with a camera recently and I found out via this forum click here & that the fault is deemed to be there, when the product was new, it it arises within the first six months.

The company I was dealing with tried to fob me off with a repair but I was able to quote from the relevant sections of the law and they had to give me a replacement. My Camera was much older than two weeks.

I only mention this for future reference and I am glad they have sorted you out properly.

  Forum Editor 18:06 27 Feb 08

pass consumers directly to monitor manufacturers over problems like this, and with good reason. Retailers don't have the facilities to repair monitors, and have to return them to the makers themselves - it makes sense to put consumer into direct contact with manufacturer to save time.

That isn't to say that the retailer isn't liable under the Sale of Goods Act, and what you have been told is correct, in that the retailer (contrary to what a lot of people think) is not obliged to replace the item with a new one. The sale of goods and services to consumers regulations make the retailer liable for any fault which develops within six months of the date of purchase anyway - unless the retailer can demonstrate that the fault was not present at the point of sale, something that's almost impossible to prove.

All of that is academic in your case, as your retailer has come up trumps, which is good to hear.

  Forum Editor 18:13 27 Feb 08

Your supplier may not have been trying to fob you off with a repair. Under the terms of the legislation I mention above, the retailer is perfectly entitled to repair the fault, if it occurs within six months of purchase, provided the repair is carried out within a reasonable time frame. The law doesn't define 'reasonable' in this context, and each case is evaluated separately, should it come to a court case. In general, 'reasonable' when it comes to computer hardware repairs is probably a maximum of around six weeks.

Your supplier acted legally in suggesting a repair, and did NOT have to give you a replacement.

  Jpeg6785 09:29 28 Feb 08

Directing customers directly to manufactures for repairs "in theroy" cuts out the middleman, however the companys reputation then effectively passes to the manufacturur who if providing appauling service reflects badly as a whole "Purchasing experience". I personally think its better for any company to remain in full control and fast track for the customer the company having more weight as a bulk purchaser than the end consumer for moving things along quickly, thats unless they know for certain that the cutomer service being provided at the manufacturers end is A1.

I only say this as I recently was passed directly to HANNSG and to say the word awful is an understatement.

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