Goods under warranty and over 12 months old

[peterhw]

Just read a thread detailed here about Samsung TV () can not post link) that has broken down. I have contacted bob.darke at comet.co.uk - as suggested and await a response

 

My situtation is more a matter of principal rather than the cost. I purchased a set of Wahl Hair cordless clippers in July 2011 from Comet @ £17.99. The clippers packed up in August 2012. I am the only user of the clippers and hence have only been used say 13 times in 13 months (my 'lack of hair' puts very little effort on the clippers!).

 

Comet have replied 2 or 3 times with a 'not their problem'. Wahl have said they will honour the warranty but I should package the goods correctly, send recorded delivery etc. (all cost). I have, now purchased a corded set of clippers (£9.99) but would like Comet to meet, (as I understand under SOGA) their responsibilities, and replace these goods.

 

If Comet (or other retailers) refuse to honour a 3 year manufacturer warranty on low cost items then surely the warranty is almost useless

[BankFodder]

A bit of confusion here, I think. A direct manufacturer's warranty should be taken up directly with the manufacturer - and unless there is something specific in Comet's T&Cs, that they will deal on behalf of the manufacturer, then I think that Comet are probably right.

 

On the other hand, it may well be that you have some rights under SOGA. You are entitled to have the use of the clippers for a reasonable time. What is reasonable for such a low-value item - normally, not very long.

However Wahl clearly consider that the clippers should last you at least 3 years - because if not they would not guarantee them in the way that they do. I think that you have a very good argument to make to a court that you can reasonably expect the clippers to last 3 years.

Wahl are a very excellent make - the best on the market. I would have said that it would be worth taking up Wahl on ttheir warranty and going against Comet for the costs of doing so.

You would need to write to Comet to let them know what you intended to do and to give them an opportunity to honour their SOGA obligations before you take further action.

If you are interested in principle, that that is the solution.

 

Frankly people should steer clear of Comet. They seem to have a very poor consumer rights record.

[peterhw]

I accept confusion!

Many thanks for your reply and I think you answered my query in appropriate way.

Obviously one does not buy hair clippers as if they were a consumable.

One would expect clippers to last 3 - 5 years or more and then the rechargeable battery would probably have given up before the clippers themselves.

 

I will see also what bob.clarke (or his office) has to say.

 

My final point however was perhaps a question about the law - i.e. if manufacturers make a product with a 3 year warranty then there should be a 'simple' legal way of having that implemented - otherwise the warranty is all but useless. Perhaps Wahl should consider whether to sell via a retailer who appears somewhat hostile to 'customer service'

[GorgieBoy]

Hi peter ,

 

This is an interesting question you have raised here .

 

The product you purchased from the Retailer came with a 3 Year Manufacturers Warranty albeit this is a low cost product the same principle should be applied by the Retailer regarding honouring the Warranty included with the product .

 

Had the Warranty been 1 Year I could understand COMET`s take on this but in this case the Product which COMET sold has a 3 year Warranty .

 

They being the selller surely have to take ownership of the faulty goods in this instance and at the very least should offer an exchange product

 

Another Grey area here but another instance where COMET are passing the buck it would seem .

 

Further Information can be found here ,

 

http://whatconsumer.co.uk/is-the-guarantee-worth-the-paper-it%E2%80%99s-written-on/

 

The important paragraph being ,

 

" Furthermore, you should never be referred back to the manufacturer at any point. Your first and only port of call in the event of a claim is always the seller "

[GorgieBoy]

I see @comethelp were contacted by CAG via Twitter regarding peters plight on the 10th of September but as such there has been no noticable response back .

 

Now there is a surprise !

[peterhw]

received the following reply from Comet on 13th September (by email)

Dear Mr X

 

Thank you for you e-mail, I was sorry to read that your hair clippers have failed after 13 months of use.

 

As you have advised the manufacturer Wahl have a 3 year guarantee. If you require a repair or replacement after the initial 12 months you will need to return the clippers to the manufacturer.

 

We would be unable to refund you the postage as the product is a low value product and we no longer stock this item.

 

I appreciate this is not the response you anticipated, however I trust this clarifies Comets position on the matter.

Yours Sincerely

[.. removed name..]

On Behaf of the Directors Office

==================================================================

 

This appears to be in complete contradiction of SOGA. This is a low cost item (I have replaced with corded clippers). I'd still like pursue if the process does cost loads of cash! Previous CAG suggests writing to Comet and advising that I will pursue for costs. It seems they have categorically stated that they will do nothing (i.e. replace , repair , pay any costs etc. No longer stock product)

 

Any suggestions?

Edited September 16, 2012 by peterhw
add reference to earlier CAG reply

[peterhw]

thanks for note. Not really a twitterer - how can I identify details to above?

[peterhw]

Last Response from Comet. I suspect my argument is that I should have reasonable expectation that a pair of hair clippers , with 3 year manufacterers warranty should survive - at most - 13 very light uses

 

Dear Mr Williams

 

Thank you for your e-mail

 

I note your comments on SOGA please let me clarify.

 

The 6 year protection that you refer to is not a warranty on a product.

 

Under 6 year obligation,customers have up to 6 years to bring issues to court.

However it does not mean goods have to last up to 6 years and neither does it mean that we will repair free of charge up to 6 years.

 

This claim is for customer to prove that the product does not conform to contract, which in our terms means there is a manufacturers defect with the product.

 

If a product becomes faulty outside of the guarantee period,the customer must provide proof that the fault was apparent at time of purchase.

 

In closing, please accept my sincere apologies for any inconvenience caused, however I am unable to assist you further in this matter.

 

Yours Sincerely

 

[name removed]

 

On Behalf of the Directors Office

[GorgieBoy]

Hi peter ,

 

Strange how they do not mention that the Product they sold you came with a 3 year Guarantee so therefore what has 12 Months got to do with anything as in their previous response .

 

If a product becomes faulty outside of the guarantee period,the customer must provide proof that the fault was apparent at time of purchase.

 

So why are they even mentioning this also ? as this statement does not apply in this case .

 

As in my previous link

 

http://whatconsumer.co.uk/is-the-gua...9s-written-on/

 

The Manufacturer has nothing to do with it as the Retailer that sold the product is ultimately responsible , even if they take responsibility by returning the faulty goods back for repair at their expense , which is the very least they should do .

 

As usual it would seem they are washing their hands of an issue, on a point of principal it is worth pursuing.

 

Also what has the statement " low cost product " got do do with it either ? .

Edited September 18, 2012 by GorgieBoy

[peterhw]

Comet continued to do nothing except refer me again to Wahl. I contacted Wahl and they gave me a link / information to print out a postage paid label for return to Wahl.

 

The goods were returned to Wahl and quickly replaced.

Job done !

Thanks to Wahl.

I realise it was their product but it was Comet who sold me the product. I notice Wahl no longer supplies Comet (as stated by Comet).

 

Points to Wahl 10 v Points to Comet 1

[GorgieBoy]

Hi Peter ,

 

Thanks for the Update , another Thread to be marked **** RESOLVED **** even though COMET played NO part in it whatsoever .

[peterhw]

Yep!

They did say "Speak to Wahl" - but I may just have figured that one out eventually.

 

Thanks for comments and support