Halfords: Denying guarantee/responsibility

[sparx]

Hi all, I have read through this site in the past but never needed your help!

 

Basically I had a TomTom Sat Nav bought for me in 12/2009. Early this year (February/March) I was driving along and hit a pot hole, which resulted in the sat nav mount failing and propelling the sat nav into my passenger seat. Long story short, I fixed the mount (or so I thought), but it is not as strong as it was when I bought it, and any harsh vibration or bumps in the road cause it to fail.

 

Took it back to Halfords (10/2010), the store manager had a look at it, stated that its not covered under the guarantee and I would have to pay for a replacement. Now I may not be the most clued up person in the world, but I would have expected a product which is designed for the road to survive pot holes, etc, without breaking. I did try and put up a fight but quickly ran out of ammo law wise.

 

I have also contacted TomTom (09/2010) and they have said they would send me a replacement, but their systems are currently down and therefore cannot authorise any orders (which is why I went back to Halfords in the first place!). Surely TomTom saying they would send me a new one shows that there is either something wrong with the mounts (and they know it), and it is therefore covered under the guarantee? Or am i clutching at straws?

 

Sorry for the long post!

 

sparx

[sailor sam]

Hi and welcome to CAG.

 

This is a strange one to be honest and by the looks of it you've got a result anyway. Basicallly starting with Halfords; I'm not sure you would have a case because you can't really class this as a manufactoring fault. If anything, any claim for damage as a result of a pot hole could be aimed at the LA which is responsible for the road but this is normally for wheels/tyres and suspension ect. You refer to the mount as 'not being as strong as when you bought it'. If there is a design problem with it, you would need some evidence although it may be the case that Tom Tom are aware of a problem which is why they are replacing it. Or more likely, they are doing it as a 'good will gesture'. In any event, you are getting a new one so I should be thankfull. In the mentime, you could report the pot hole to the LA and mention your problem and see what resonse you get. You may get 2 Tom Tom's out of it!

 

Please Note

 

 

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[MAXY44]

Goods must be as described, fit for purpose and of satisfactory quality. The consumer law also state how long they should last. Just because a washing machine breaks at 367 days from purchase, it doesn't mean that is completely out of warranty.

[sparx]

Hi and welcome to CAG.

 

This is a strange one to be honest and by the looks of it you've got a result anyway. Basicallly starting with Halfords; I'm not sure you would have a case because you can't really class this as a manufactoring fault. If anything, any claim for damage as a result of a pot hole could be aimed at the LA which is responsible for the road but this is normally for wheels/tyres and suspension ect. You refer to the mount as 'not being as strong as when you bought it'. If there is a design problem with it, you would need some evidence although it may be the case that Tom Tom are aware of a problem which is why they are replacing it. Or more likely, they are doing it as a 'good will gesture'. In any event, you are getting a new one so I should be thankfull. In the mentime, you could report the pot hole to the LA and mention your problem and see what resonse you get. You may get 2 Tom Tom's out of it!

 

The mount actually broke early this year, back in February so I expect the pothole has been fixed by now. The TomTom was left undamaged as it was propelled onto my passenger seat, although has gained a few scratches since from it falling from the windscreen every so often since. It's a real pain to keep stopping and reattaching on long journeys, especially if i'm on the motorway!

 

Would you have expected the Sale of goods act to cover the mount, as really it's an integral part of the product, and i've not done anything out of the ordinary to it.

[sparx]

TomTom have sent me a new mount in the post.

 

Thanks for everyones advice,

 

sparx