TomTom 'repair not covered by warranty'

[SharpmanTF1]

Hi,

I sent a TomTom unit in for repair under warranty recently.

Requested an RMA about 3 days before my warranty ran out. I was given an RMA Number and told to expect a parcel next day to return item. no parcel arrives so I contact them again (1 day before warranty runs out) they miraculously informed me that the RMA had been lost in a system glitch. I sent them the details, they created the task - 4 days after warranty ran out!

 

They are now saying that the repair is not covered by warranty - don't say what the repair was. but they are demanding payment before they return the unit.

 

i've requested why they consider the repair is not covered by warranty.

 

Any body have any ideas where I should go from here. I have copies of correspondence enquireing about the fault upto a week prior to me requesting the RMA. all I got was an automated do this that and the other. all of which failed as I had tried several times prior to requesting the information.

 

sharpman.

[Zamzara]

Perhaps a good lesson on why it's not in the consumer's interests to go directly to the manufacturer. Nevertheless, if they told you the repair would be free, they cannot charge you, so they are obliged to return your property or you can take legal action.

[TheChancellor]

They should honour the warranty a they knew of the problem within the required period.If it's not working & doing the job you bought it to do then it needs repairing or replacing.

 

Write to them (recorded delivery), tell them they are in breach of "The Sale of Goods Act 1979 (as amended)" and give them 7 days to sort it before passing your complaint to trading standards.The warranty date is a red-herring anyway but they seem to have moved the goal-posts now to "a different repair".

 

'The Sale of Goods Act 1979 (as amended)' lays down several conditions that all goods sold by a trader must meet.

 

The goods must be:

• as described
  
• of satisfactory quality
  
• fit for purpose
  

 

As described refers to any advert or verbal description made by the trader.

Satisfactory quality covers minor and cosmetic defects as well as substantial problems. It also means that products must last a reasonable time. But it doesn't give you any rights if a fault was obvious or pointed out to you at point of sale.

Fit for purpose covers not only the obvious purpose of an item but any purpose you queried and were given assurances about by the trader.

 

 

It's obviously neither of the last two!

[SharpmanTF1]

Perhaps a good lesson on why it's not in the consumer's interests to go directly to the manufacturer. Nevertheless, if they told you the repair would be free, they cannot charge you, so they are obliged to return your property or you can take legal action.

 

Thanks for the input, but when the manual says return to these ppl for warrant repairs then i would have assumed they were the ones to do it.

i'm sure it would not have made a difference who i sent it to as they could have easily pulled the same trick.

 

Any way

 

Thanks thechancellor, i'm awaiting a response to the reply I sent in response to the payment demand.

 

maybe the left hand didn't tell the right hand kind of issue .....

 

Sharpman

[patdavies]

Unfortunately, SOGA doesn't apply to TomTom as they are not the retailer. You are limited by their published warranty.

 

Nevertheless, you brought their attention to a failure within the published warranty criteria and they should sort it out for you.

 

A further wrinkle is that, AFAIK, TomTom are a Dutch company - which would make suing them complicated.

 

Give the advice above a go though, it might have the desired result.

[TheChancellor]

Unfortunately, SOGA doesn't apply to TomTom as they are not the retailer. You are limited by their published warranty.

 

 

Sorry.Didn't realise - where did you buy it from Sharpman?

What repair are they saying isn't covered?

 

Found this on their website:

 

TomTom

Limited Warranty

WARRANTOR

Non-U.S. and non-Canadian purchases: If you have made your purchase outside the United States and

Canada, this Limited Warranty is granted by and this Limitation of Liability is stipulated for the benefit of TomTom

International B.V., Rembrandtplein 35, 1017 CT Amsterdam (The Netherlands).

WHAT THIS WARRANTY COVERS

1) TomTom International B.V. (“TomTom”) warrants to you that the Hardware will be free from defects in

workmanship and materials under normal use (“Defects”) for a period of two (2) years from the date that the

Hardware was first purchased by you (“Warranty Period”). During the Warranty Period the Hardware will be

repaired or replaced at TomTom’s choice (“Limited Warranty”) without charge to you for either parts or labour.

This Limited Warranty covers the replacement of the Hardware only. If the Hardware is repaired after the

Warranty Period has expired, the Warranty Period for the repair will expire six (6) months after the date of repair.

WHAT THIS WARRANTY DOES NOT COVER

2) The Limited Warranty does not apply to normal wear and tear, does not apply when the Hardware is opened or

repaired by someone not authorized by TomTom and does not cover repair or replacement of any Hardware or

part thereof damaged by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, noncompliance

with the instructions supplied with the Hardware, neglect or misapplication. The Limited Warranty

does not cover physical damage to the surface of the Hardware. This Limited Warranty does not cover any

software that may accompany or be installed on the Hardware.

HOW TO MAKE A WARRANTY CLAIM

3) In order to make a claim of a Defect, you must contact TomTom by email during the Warranty Period via

TomTom, portable GPS car navigation systems to explain the Defect and to obtain an RMA number (Return Materials Authorization) if

necessary. You must return the Hardware during the Warranty Period, along with an explanation of the Defect, to

the address provided to you by TomTom. If a defect arises and a valid claim under this Limited Warranty is

received by TomTom after the first one hundred and eighty (180) days of the Warranty Period, TomTom is entitled

to charge you for any reasonable shipping and handling costs made in connection with the repair or replacement

of the Hardware. You must comply with any other return procedures stipulated by TomTom, if any.

YOUR LEGAL RIGHTS

4) Some countries may not allow the exclusion or limitation of damages. If any part of this Limited Warranty is

held to be invalid or unenforceable, the remainder of the Limited Warranty shall nonetheless remain in full force

and effect.

5) This Limited Warranty is the only express warranty made to you and is provided in lieu of any other express

warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other

communications.

6) Except for the Limited Warranty and to the maximum extent permitted by applicable law, TomTom and its

suppliers provide the Hardware “AS IS AND WITH ALL FAULTS”, and hereby disclaim all other warranties and

conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties,

duties or conditions of satisfactory quality, of fitness for a particular purpose, of reliability or availability, of

accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of reasonable

care and skill, all with regard to the Hardware, and the provision of or failure to provide support or other services,

information, software, and related content through the Hardware or otherwise arising out of the use of the

Hardware. Also, there is no warranty or condition of quiet enjoyment, quiet possession, or non-infringement with

regard to the Hardware. This exclusion does not apply to (i) any implied condition as to title and (ii) any implied

warranty as to conformity with description.

7) This Limited Warranty does not affect any legal rights under applicable national legislation governing the sale

of consumer goods.

8) This Limited Warranty cannot be transferred to any other person.

LIMITATION OF LIABILITY

9) Neither TomTom nor its suppliers shall be liable to you or to any third party for any damages either direct,

indirect, incidental, consequential or otherwise (including in each case, but not limited to, damages for the inability

to use the equipment or access data, loss of data, loss of business, loss of profits, business interruption or the

like) arising out of the use of or inability to use the Hardware even if TomTom has been advised of the possibility

of such damages.

10) Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all

damages referenced herein and all direct or general damages in contract or anything else), the entire liability of

TomTom and any of its suppliers shall be limited to the amount actually paid by you for the Hardware.

11) TomTom shall not be liable for (i) any fraud on the part of its employees and/or agents; or (ii) any fraudulent

misrepresentation on the part of its employees and/or agents.

12) Notwithstanding the above, neither party’s liability for death or personal injury resulting from its own

negligence shall be limited.

[SharpmanTF1]

I bought the Item from argos approx 2 years ago. the warranty on this product is 2yrs, I made it known to tomtom before the 2yrs was up and had recieved an RMA from them a couple of days prior to the warranty expiring.

 

Sharpman

[Zamzara]

As far I know this is untested, but I would argue that if the item was returned in line with the instructions contained in the documentation that Argos remain jointly liable under the SOGA for its repair and safe return. This is because they sold the product with those instructions enclosed, and TomTom are in effect acting on Argos's behalf.

[TheChancellor]

As far I know this is untested, but I would argue that if the item was returned in line with the instructions contained in the documentation that Argos remain jointly liable under the SOGA for its repair and safe return. This is because they sold the product with those instructions enclosed, and TomTom are in effect acting on Argos's behalf.

 

It's always worth a letter to Argos.

 

I don't suppose you bought it with your credit card?

[SharpmanTF1]

I don't suppose you bought it with your credit card?

 

I think I bought it with my argos card, but lets not go there at the moment - in dispute:)

 

sharpman

[gyzmo]

I would simply argue that not only had the fault developed within the timefrme of the warranty, but that it was also reported in that time. their incompetence in being unable to do what is required of them is not your problem. Write to the repairer detailing who and when you spoken to and what was said.

[SharpmanTF1]

situation sorted. contacted TOMTOM help line. spoke to someone there, explained situation. 3 days later my tomtom was delivered back to me. Tho they did replace my SD card which I was a bit miffed about as it had some software on there that I could add Cameras when I came to them. Guess they want me to pay for their database. Luckily I backed up the SD card before I sent it off.

 

At Least I got the tomtom back and it's working.

[TheChancellor]

Well done!

 

All's well that ends well (as someone once said:-D)

[Repair Centre]

Well done!

 

All's well that ends well (as someone once said:-D)

 

If TomTom don't want to fix it and you still want to repair your unit you can send it to a repair center to fix it .

 

(Edit)

Edited January 2, 2010 by maroondevo52
Removed commercial link

[geoffthechef]

If TomTom don't want to fix it and you still want to repair your unit you can send it to a repair center to fix it .

 

(Edit)

spam reported