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Hi, we bought a Winterwarm Heated Underblanket from Argos about 18 months ago. The packaging on the things says 'Morphy Richards', and prominently displays a 3 Year guarantee. We still have the receipt. The control on the blanket recently broke, so today my wife called Morphy Richards, who took the details, then said they don't "deal with" Winterwarm anymore, and that we would have to take the thing back to Argos to get the guarantee honoured.
Now this sounds like BS to me, and I think if we go back to Argos they will say it is clearly Morphy Richards' problem, so we're just going to get passed from pillar to post. Also the thing about not dealing with Winterwarm is just ridiculous since you can still today go into Argos and buy the same model with the same packaging which says both "Morphy Richards" and "Winterwarm" on it. Morphy Richards are responsible here right? Please help!
Nope. It's for Argos to sort. It is with them that you have the contract and they are liable for breaches of contract.
You need to quote s. 14 Sale of Goods Act 1979 - goods must be of satisfactory quality.
If they refuse to help, immediately report to Trading Standards or Consumer Direct and ask for a Trading Standards Officer to contact you. Electric blankets are a darling of government health and safety and you should find a quick response as a result!
Thanks gyzmo, it's all sorted out now; I went to Argos, spoke to a manager who said they'd send it back to Winterwarm for us. She did look a bit puzzled that Morphy Richards had given us short shrift. Anyway, she called me yesterday and said they couldn't get a replacement, so they've refunded the cost onto a gift card, which I'm happy with.
As a more general point, what's the interaction between a manufacturer guarantee and the Sale of Goods Act? I mean, the Sale of Goods Act is a bit vague about how long a 'reasonable' period is for an item to last, so if, say, the manufacturer guarantees an item for 3 years, does that mean a reasonable period must be at least 3 years? Or is there a point where you're not covered by the Sale of Goods Act, but you're still covered by the manufacturer guarantee?
I would personally say if the manufacturer has ensured it to last for that period of time, that you could use that for a basis for a reasonable time. The SOGA covers you for 6 years in England/Wales after purchase some things such as windows or knifes come with a lifetime guarantee which is then the responsibility of the manufacturer.
Any product should last for what an average person would describe as reasonable for that product under normal home use.
I am happy to offer helpful advise in many consumer problems based on my retail experience. I do not represent any company, and any advise I do offer is my opinion and how I understand the law. I have no authority to create any terms for any company I do work for and will just nudge you in the right direction without breeching their trust.
The lack of definition of what is a reasonable timescale is quite deliberate, as each case must be taken on its own circumstances - it would be impossible to prescribe a timeframe for each and every item.
With regards to the 6 years, that is the Limitation Act, which states how much time you have before a claim becomes barred from being actionable. It does not mean that an item should last 6 years.
Electric Blanket - Argos / Morphy Richards
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