Faulty Product Return issue

[ltunstall]

Just woudl like some advice, just over a year ago a purchased components to build a pc, the motherboard failed, so contacted the supplier and they said it was onver 12 months but was covered my 3 year garantee from the manufacturer. This after two weeks and been agrees to swap.

 

But my issue is there only repair center is based in the netherlands and to send the motherboard over is nearly the cost of a new one. Ive emailed them to ask is they weill refund the postage cost, they said that its not in there policy and theres nothing they can do?

 

But surely its not my fault the the motherboard is faultyand that i shouldnt pay postage costs etc and someone has said that under uk law the consumer shouldnt be out of pocket for a fault item???

 

any advice on this woudl be great thanks!

[sailor sam]

Thats correct, under SOGA you are entitled to recover any losses you incurr when an item is faulty which is under warranty. Where exactly did you purchase the components from, here or Holland?

 

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[buzby]

However, a year to discover the problem is unreasonable, so the extra time they allow is in ADDITION to your rights, and as such you would pay the postage. In fact, in most cases you would have to pay the outbound postage anyway, and the firm would return it to you at their cost.

 

Your retailer is the one who is responsible for SOGA, but I'd suggest that realistically you haven't a chance in forcing them to meet their (expired) SOGA commitments, where in the first 6 months, the expectation is the retailer is held responsible, and the remainder, it is the consumer to prove that the faulty item was inherently faulty.

[ltunstall]

I bought the Foxconn motherboard, from ebuyer.com. Foxconn do have offices here in the uk. but they said there only return center is in the netherlands.

 

they have already said they will swap the motherboard, by there tech guys going through things with me and asking me to do several things,

 

the motherboard is classed as dead, and is covered by a 3 year warranty, and id had it 12 months and 2 weeks

 

but as ive stated the cost of postage is nearly the cost of a new one, but still dont get why they dont have anywhere in the uk to send it to even though they have offices here!

 

so under soga would i be able so ask for they to pay for postage?

 

thanks

[buzby]

It'll be the Netherlands as it'll most likely be a duty-free warehouse and shipping facility that means the goods are free of EU duty until shipped, keeping their inventory costs low.

 

SOGA has long expired, and only is of relevance to the retailer. If you don't pay for its return it will not be replaced - so the decision is an easy one. The bright side is that YOU are not paying for the replacement postage to YOU. Add to this you'l;l probably get a Mb upgrade to the latest spec and BIOS, falling out over shipping to them seems a little 'picky', and ultimately self-defeating.

[ClampingKing]

You can send a motherboard to Netherlands by DHL, via Interparcel.com for about £18. You cannot buy a motherboard for that.

[sailor sam]

Personally I reckon you should return it to where you bought it from and let them send it back.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[buzby]

That won't work. The retailer isn't offering to do this, and neither is he prepared to supply a replacement.

 

That offer is only from the manufacturer - which is a reasonable compromise. (Especilly as they are not asking the OP to pay the postage BACK to him as a condition of supplying the replacement, which they could do).

[perplexity]

The supplier is responsible, and Article 5 of the relevant Directive 99/44/EC determines that

 

1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.

Therefore:

 

5. The consumer may require an appropriate reduction of the price or have the contract rescinded:

- if the consumer is entitled to neither repair nor replacement, or

- if the seller has not completed the remedy within a reasonable time, or

- if the seller has not completed the remedy without significant inconvenience to the consumer.