Tom Tom Warranty

[iiyama66]

My TomTom one XL had to be sent back to them for the 2nd time, this time it was out of their warranty period. However, it is just over 12months, according to them.

 

They have emailed me and told me that it will cost 175 euros to repair!!

 

My question is this, I understand that under EU law products such as sat navs are covered for 24 months warranty.

 

Is this true? if so what is the best way to go about challenging them?

[dx100uk]

this eu law is just bluster it changes nothing.

your issue is with the point of sale & SOGA legislation

who did you by it from?

 

just because its 'just' outside warranty make no odds

it must last a 'resonable' time for the product.

 

dx

[iiyama66]

I purchased it from a local Comet store.

[iiyama66]

DX,

 

Doesn't the UK SOGA require you to prove that the item was faulty due to construction or an inherent problem? Were as the EU directive 1999/44/EC states that as long as it is within 24 months since purchase 'and fit for purpose' you are entitled to repair or replacement??

[dx100uk]

no

 

read this thread:

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/210085-expired-warrant-currys-tv.html

 

dx

[legalpickle]

iiyama66: Under SOGA the retailer is liable for problems with goods sold from their stores, not the manufacturer.

 

The period of liability is what a similar product should last. All products must be "fit for purpose" and of "satisfactory quality". For example: If a fridge/freezer stops working after 2 years and the warranty is for 1 year, that means nothing, as no fridge/freezer fit for purpose and of satisfactory quality would last less than 5-7 years at minimum. Hence, Comet are liable.

 

If you need help pursuing this, please post up here what has happened exactly, date of purchase, dates of communication and so on and so forth.

[iiyama66]

Thanks legalpickle,

 

Ive requested the sat nav back from TomTom and plan to take it back to Comet. I expect a 'fight' but i think a sat nav should last at least 5 years.

I will print off some info on the SOGA to take in with me.

[legalpickle]

Thanks legalpickle,

 

Ive requested the sat nav back from TomTom and plan to take it back to Comet. I expect a 'fight' but i think a sat nav should last at least 5 years.

I will print off some info on the SOGA to take in with me.

I seriously doubt the store will do anything for you. I hope you have the original receipt - as this is necessary. Keep the original, and take both that and a copy to the store. Only let them take the copy, otherwise the original will disappear.

 

Good Luck and please keep us posted.

[iiyama66]

I dont have the receipt but i paid by credit card which they keep records of,which i know they do as they have printed them of for me before. I will go in with a summary of the SOGA, I wont let this one go.

[buzby]

The warranty issue is not against all defects, but only inherent defects in the manufacture, construction or components withing under NORMAL use. If it fails because of user error or misuse, then the warranty could be 5 years for all the good it would do. Dropping, excessive vibration, water ingress or screen issues not forgetting over voltage are all the responsibility of the owner, and repairs fully chargeable, even within the warranty period.

[legalpickle]

I dont have the receipt but i paid by credit card which they keep records of,which i know they do as they have printed them of for me before. I will go in with a summary of the SOGA, I wont let this one go.

But you have to go on with proof you shopped with them, so take the credit card statement showing you shopped at Comet.

 

If the store manager does refuse to refund you then I do recommend you give up in-store as the store staff themselves have limited abilities. It would be letter time.

 

The other problem, is that you don't have the receipt. Generally the receipt is accepted as the proof of purchase and insisted upon for refunds, repairs & for court action to succeed. It may be possible to succeed without this, but I have never had a chance to try (i.e. everybody I've dealt with has had a receipt).

 

The warranty issue is not against all defects, but only inherent defects in the manufacture, construction or components withing under NORMAL use. If it fails because of user error or misuse, then the warranty could be 5 years for all the good it would do. Dropping, excessive vibration, water ingress or screen issues not forgetting over voltage are all the responsibility of the owner, and repairs fully chargeable, even within the warranty period.

Good point buzby.

 

iiyama66: It is likely that this is going to be Comet's defence (and it's also likely it will go to court).

Edited August 2, 2009 by legalpickle
almost simultaneous post by buzby

[iiyama66]

Hi,

 

When the item first went wrong Comet printed off the receipt for me, its the only thing i have ever purchased from them, they used my surname to find it on their records to.

 

With regard to the fault, its hardly been used and the USB connection on the sat nav just fell into the unit after i updated the software, apart from that the unit was fully working.

 

Clearly this item was not 'fit for purpose' Whats the point of SOGA if you have to take them to court? Or is it a case of Comet et al testing your resolve?

 

If i did take them to court is it likely that the court will go with the SOGA?

 

Thanks for all your advise!!

 

Jason

[legalpickle]

Nothing in life is guaranteed. Court proceedings are not guaranteed.

 

It does not matter that they once printed off a copy receipt. What matters is you don't have it now. They can always deny that you bought it from them - and I would not be surprised if they did.

[iiyama66]

When they did before it had all the info, price, item details etc. I will ask for receipt before I start my SOGA bit!

[legalpickle]

When they did before it had all the info, price, item details etc. I will ask for receipt before I start my SOGA bit!

That would be best.

[patdavies]

A receipt is best, but not required to enforce your rights.

 

What is required is "proof of purchase", previously credit card statements; bank statements; exclusive packaging/labelling; etc. have been acceptable to the Courts. In one case I recall, a simple assertion was sufficient with the judge taking the view that the claimant had no reason to lie and thus, on the balance of probabilities, did purchase the item from the defendant.

[legalpickle]

A receipt is best, but not required to enforce your rights.

 

What is required is "proof of purchase", previously credit card statements; bank statements; exclusive packaging/labelling; etc. have been acceptable to the Courts. In one case I recall, a simple assertion was sufficient with the judge taking the view that the claimant had no reason to lie and thus, on the balance of probabilities, did purchase the item from the defendant.

True, but always better to err on the side of caution, i.e. to keep receipts and assume the worst from the start!

And one may not always encounter such a reasonable judge!

Also, whilst exclusive packaging/labelling would be conclusive evidence that that specific product was bought from a specific store, a credit card receipt would not be conclusive. Yes, it may be accepted, but don't depend on it. If Comet were to decide to lie - and I wouldn't expect any better of them or any of the large retailers - the OP could be in trouble.

 

So, ideally, don't depend on possible loopholes and always keep your receipts. I scan in all my receipts - and save them on two remote servers located in different countries, my computer and two flash drives! I only delete the relevant receipt when I am confident I have no further use for it, ever (i.e. when the item is disposed of due to end of natural usage or the like).

[iiyama66]

Ok,

 

SatNav has been returned and I have been to Comet.

 

They printed off a receipt for me which stated the purchase date and price, 26 months ago, £250.

 

I was informed that Comet staff have just been 'trained by the local Trading Standards' and that due to the age/nature of fault I would require an independent (possibly two) reports that clearly state that the USB port fell out due to poor manufacture. It was also pointed out 'that it could have fallen out due to excessive application/use' Hence the need for the reports, which is fair enough.

 

However, Having contacted various suppliers of TomTom nobody repairs them in my area, due to Comet and PC World who can sell them so much cheaper then they can.

 

I have been advised by Trading Standards to print off a template letter from their site and send it to the Comet store and see if they will change their stance, highly unlikely!

 

So I hate to admit defeat but SOGA is a waste of time IMHO. You might as well buy SH items, far cheaper and if they go wrong you have nothing to lose as they didnt cost you that much.

 

Thanks for all the advise!

[buzby]

I wouldn't admit 'defeat' in the matter of geting your device repaired. You may have to pay for it, but in the absence of 1000s of people complaining of the same fault, making TT (via your retailer) liable was always going to be a long shot.

 

There a a number of firms that are approved repairers for GPS kit (there's one that does all TT's repairs in Fife) and they offer a 3 day turn round for a flat fee. Competition between these repairers is high, so the pricing is always competitive. As they are a commercial concern, I can;t provide a link - but this would get you back on the road (as it were) for the minimal cost.

[legalpickle]

Ok,

 

SatNav has been returned and I have been to Comet.

 

They printed off a receipt for me which stated the purchase date and price, 26 months ago, £250.

 

I was informed that Comet staff have just been 'trained by the local Trading Standards' and that due to the age/nature of fault I would require an independent (possibly two) reports that clearly state that the USB port fell out due to poor manufacture. It was also pointed out 'that it could have fallen out due to excessive application/use' Hence the need for the reports, which is fair enough.

 

However, Having contacted various suppliers of TomTom nobody repairs them in my area, due to Comet and PC World who can sell them so much cheaper then they can.

 

I have been advised by Trading Standards to print off a template letter from their site and send it to the Comet store and see if they will change their stance, highly unlikely!

 

So I hate to admit defeat but SOGA is a waste of time IMHO. You might as well buy SH items, far cheaper and if they go wrong you have nothing to lose as they didnt cost you that much.

 

Thanks for all the advise!

Firstly, it's very rare for local stores to have their staff trained by the local Trading Standards, unless the local Trading Standards has offered such a one-off scheme. I know that several Comet's in Greater Manchester have never had any of their staff trained by any of the local Trading Standards. I would very much doubt that your local Trading Standards trained Comet staff, especially about SOGA.

 

The most recent training exercise I heard about was partially an enforcement exercise where Trading Standards in one Midlands town went into all the pram/buggy stores, examined the products for faults and trained the staff into what to look for. Normally, such training exercises are targeted to a certain product because of something that's happened than into stores that sell such a large range of products.

 

If you have not used the TomTom excessively, the burden of proof would be on Comet to prove that you have.

 

What I would do, if I was in your shoes, was look around for a reasonably priced repair, get it repaired and then sue Comet for the loss on the basis of SOGA, after writing a LBA.

 

In the alternative, if your TomTom's comparable model, which will obviously be more recent, is cheaper than the cost of repair, then buy a new one and sue them for that.

 

It's your duty to mitigate your losses.

 

Just because TomTom make so many satnav's and thousands of people may not have complained about the same fault, does not mean that the odds are in their favour.

 

It is a common misconception that if the fault hasn't been identified within that model as occurring, the problem would be more likely to be caused by the customer. It's not true. Where a fault is not identified as inherent - i.e. more common than would be reasonable in a model - it doesn't mean the fault can't exist.

 

It is a risk of manufacturing in mass production that some parts will be looser in some goods than others, as production machines would need to be calibrated several times a day, if not more often, to guarantee all parts identically fitted!

[iiyama66]

Cheers!

 

I shall carry on the fight!!!