Screwfix 12-month guarantee... or not?

[Lobster]

I just tried to send back a faulty dimmer switch to Screwfix; supplied last November as a replacement when the previous one failed. They declined on the basis that the original purchase was in Feb 2004, ie more than 12 months ago.

I'm not unduly concerned given the low value of the item, but am still interested on a point of principle... some weeks ago this was discussed here: if something comes with a 12-month warranty and is replaced, I'm sure a couple of folk reckoned that the 12-month "clock" restarted with the supply of the new item. Is that definitely the case?

As I say, not particularly fussed about a £5 dimmer, but I would have been seriously pissed off if this had been, say, an expensive power tool.

David

[Sparks]

Sounds standard practice to me, they warrent the purchace for 12 months, if it is repaired or replaced within that period, then the "timer" won't be reset.

The warranty would still be valid for whatever period they stipulated before purchase, so if the expensive power tool came with a 12 month warranty, then failed after 12 months and 1 day, the warranty would not cover it.

You may have a case to claim from the supplier under the sale of goods act, this is irrespective of any warranty :-)

or more specifically have a look here

example from that page is this... Q. I bought a fridge/freezer about eighteen months ago, and the freezer section has completely failed. I went back to the shop, but they refused to do anything as it was outside the original twelve-month guarantee. What are my rights?

A. If the time limit has expired on the guarantee then you have no claim under the guarantee. However, if you can show that the goods were not of satisfactory quality at the time of sale i.e. they were not as durable as it is reasonable to expect, then you may have a claim against the trader or finance company (if applicable) for compensation under the Sale of Goods Act.

Sparks...

[Guy Dawson]

I'd say it's definitely NOT the case. The clock starts with the original purchase and ends when the warranty period ends. Otherwise there would be instances of replacements 'failing' every 11 months leading to an eternal supply of new replacements.

There's the warranty as offered by the vendor and the expection that something last a reasonable time as provided for by the Sale of Goods act. It's reasonable to expect a durable item to last longer than 12 months but just you try getting a shop or retailer to agree. Tyically you have to go to court...

Guy

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[nafuk]

I've returned a sander after 2 years - it was little used and only worked upside down. Forget guarantees and remember stautaory consumner rights. THe person with the freezer - there is no maybe's about you having a claim. As long as you have not abused the product it should last 5-6 years and so the shop (not anyone else) should repair, replace or give your money back. Of course they will say otherwise but ask, then send registered letter, then small claims.

[:::Jerry::::]

discussed

So, you're really asking about the sale of goods act etc., so why didn't the subject line reflect this, or are you really just using the opportunity to slag off Screwfix - again ?...

[Set Square]

I don't think so - I think you merely get the residue of the original warranty.

If you *can*, get your money back and then buy another *new* item. That way, you *will* get a full warranty on the replacement.

[Lobster]

A little rich coming from the man who's apparently incapable of clicking the button without slagging someone off. Oh, did it again I see.

First, yes I was asking about the Sale of Goods Act; I deliberately chose the subject I did because of its relevance to this ng, and because I wanted a reply from this ng (a) because I rate the feedback from its members far more than most others and (b) because as I mentioned, it was folks in this ng who had spoken of a 12-month guarantee restarting with the supply of a replacement item.

I'll bet if I'd posted with your suggested subject line, you'd have whinged it was OT for this group...

Finally, who's slagging off Screwfix anyway[1]? My post was simply an unemotional, factual report of a phone conversation I had with them; no criticism implied or intended. I specifically included full details because I thought the nature of the item purchasd might well have some bearing on people's opinions.

David

[1] If I'd wanted to do that I would have posted about last week's phone call to Screwfix, which was to discuss a delivery which included a 5-litre can of bitumen paint, which had burst open and liberally covered the rest of the contents of the parcel as a consequence of there being no packaging material at all inside. But I didn't.

[Guy Dawson]

The Sale of Goods act and any supplier guarantee are not related. That's why you see all the 'does not affect your statuatory rights' signs and labels.

A 12 month gurantee sounds like something a retailer would offer over and above your statuatory rights. I can't see any sensible retailer resetting the clock on the gurantee every time a faulty unnit was replaced under gurantee. If they did you could claim every 11 months.

Guy

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4.4>5.4 4.4>5.4 4.4>5.4 The Reality Check's in the Post! 4.4>5.4 4.4>5.4

[Pete C]

Hi,

Why not buy another one and send the faulty one back a bit later? They can't cost Scroogefix more than £1.

cheers, Pete.

[nemo]

Electronic stuff should last a lot longer than 12 months. If it only lasted

15 months, then there must have been an inherent fault, design or technical, in it when you bought it. This makes it not "fit for the purpose" under the Sale of Goods Act and a host of subsequent legislation, mainly brought about by Esther Rantzen and her various consumer programmes..

Therefore, however much they pretend it is, a company's 12 month guarantee is not the end of the matter. Case Law derived under the Act indicates that six years is a reasonable life expectancy for a product.

If Screwfix's conditions of sale try to exclude your statutory rights as a condition of providing their 12 month guarantee, this Is an offence. Any attempt to rob a consumer of his/her statutory rights in any way is also null and void under the Supply of Goods (Implied Terms) Act 1972.

£5 is £5. Contact your Local Authority's Trading Standards Department for how to proceed.

Nemo

[Mike]

At least they replaced it the first time. Toolstation have ignored a request to replace a faulty TRV. Again it's only £5 so it's too much hassle and I've just decided never to order from them again if I can help it.

[Owain]

No, six years is the time limit (in England and Wales) for a claim to be pursued. The court will determine what is a reasonable life expectancy, and that will depend on the nature of the product and the price paid.

Owain

[Andy Hall]

This whole area of statute of limitations and consumer legislation became a big issue elsewhere in Europe when minimum standards of two years were being set.

It was not a particular issue in the UK, because there was six years anyway, but in Germany especially which had not previously had anything exactly like this, the consumer organisations coupled with public confusion has meant that suppliers are now required to give at least two years warranty enforced by law.

Of course manufacturers have turned the cost of this into a marketing point; but it is why some manufacturers have taken a pan-Europe view and have made the warranty the same (2 or 3 years) everywhere.