Has B&Q changed rheit faulty goods procedure?

[Rick]

Went to the local B&Q recently with a faulty item. The safety guard on the saw was causing binding and it was within the

12 months (though only just).

The girl behind the returns counter was really snotty and said that if the goods are over 6 months old, then I had to send them back to the manufacturer myself. I explained that I did not want a refund, but I wanted it repaired instead. Still no joy from her. Her supervisor turned up and realized that as the saw was one of their own branded items they had to take it in going by what she had said. He also confirmed that I would have to send any other make back to the manufacturer after 6 months.

Now. After reading (or trying to) the sale of goods act. The seller can refuse a refund after 6 months, but they cannot just wipe their hands of it. If there is a fault, then up until the 12 months is up they have to send it on to be repaired.

Or am I going mad and have completely lost the plot?

Rick....

[Mathew J. Newton]

It sounds like you may be getting your statutory rights mixed up with those under your (manufacturers) guarantee. The former doesn't expire after 12 months so I'm not sure where you read that in the SOGA. The manufacturers guarantee (ignoring the fact it was a B&Q brand) may well legally require *you* to return the goods to them.

However, ignore the guarantee - the only purpose of which is to make problem resolution easier, *usually*. You ought to be excercising your rights under the SOGA, *with the retailer*, and returning it on the basis of the design/construction clearly failing one or more of the aspects of 'quality' that the goods should posess namely that of durability and safety (at the very least). Given the tool is over 6 months old the responsibility for proving the fault existed at the time of sale is down to you - but this shouldn't be too difficult if it clearly hasn't be misused/abused.

It is the reatailers option whether to repair or replace, and in either case you should not be out of pocket... you may of course be without the tool for a 'reasonable' amount of time but you can't have it all!

Mathew

[Rick]

I accept all the above. It's me getting all confused again.

That's the bit that's important. The girl seemed to think that I had to send it of at my expense. In fact she didn't want to have anything to do with it.

I was happy with the saw and didn't mind whether it was repaired or replaced

Rick...

[EricP]

B&Q are a minimum wage employer. She probably had the intellect of a house brick. The two coupled together, probably explain the situation.

Having said that, my local B&Q are brilliant and will exchange an empty box for a full one.

[John Rumm]

It is still the retailers responsibility to deal with this....

Since you have no contract with the manufacturer then they would be under no obligation to do anything for you. In reality many of the better ones will since they consider it part of the after sales service they offer, but legally the buck should stop with the retailer.

The statute of limitations can be anything up to 6 years in reality. The "12 month guarantee" is more of a damage limitation ploy by the retailers.

[Christian McArdle]

The shop was wrong. The guarantee is in addition to your statutory rights, not instead. The shop must agree to resolve the situation themselves. The period for which they must do so is variable and not set in law. Since a recent European ruling, the courts are unlikely to accept a period much under 2 years as reasonable. With premium goods, the period may exceed 2 years considerably.

However, despite this, you are likely to get more rapid, convenient and competent service from the manufacturer, if they are offering a guarantee, so you would be advised to avail yourself of their service.

Christian.

[Christian McArdle]

P.S.

B&Q usually have a good reputation for returns. They're not Comet and have a reputation for not breaking the law. You may have been unlucky in your choice of customer service representative.

Christian.

[Mathew J. Newton]

Well, actually, they kind of are insofar as both B&Q and Comet are owned by Kingfisher. ;-)

Mathew

[Christian McArdle]

But they still have entirely different reputations concerning their understanding of the Sale of Goods Act.

Christian.

[Mathew J. Newton]

I'd say it was more down to their approach to 'customer service' as opposed to understanding of statutory regulations.

I do however entirely agree that, whatever it is, the resulting difference between the service received is indeed noticeable.

Mathew

[AlexW]

It might be worth just trying a different B&Q branch ... I had some mitre saw woes recently and had a total of 5 different models from B&Q all with problems of one sort or another.

They took them all back, no questions (other than proof of purchase), without even inspecting the returned item in some cases (could have been a box of bricks!). Some of the stores seemed friendlier in this respect than others though.

HTH,

Alex.

[Magician]

Eric P wrote; Having said that, my local B&Q are brilliant and will exchange an empty box for a full one.

My mate bought a =A339:99 pressure washer from B&Q. It failed 2 days inside the 12 months so he took it back. They simply said "go get another one Sir". He did and they had been reduced to =A329:99 - so they gave him a new machine and =A310!!

Dave