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Reasonable Time for Repair?


getchin
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Hey Guys,

 

In December of last year; I bought a very expensive set of DJ equipment from an online retailer. The finance contract was executed in my father's name as he wanted to purchase half of it for me as a gift and I'd pay the other half of the monthly instalments.

 

Anyway it was functioning great until June when it started developing intermittent audio and electronic faults in the middle of my gigs. I had investigated whether it may be a software problem for a couple of weeks and resolved that it would need to be sent back for repair under its warranty. So I arranged for it to be sent by courier by next day delivery to the retailer who would assess and forward it onto Pioneer - I have confirmation that the unit was securely delivered to the retailer's premises on the 16th July.

 

During this time I've been without this piece of vital equipment and had been using my old equipment which finally gave up the ghost last week; the service centre had advised they were "investigating my faults" previously and I hadn't received my communication so I contacted the service centre directly to ask for a status report, where I was told that it would take a further 2-3 weeks to get the parts in for repair and an additional week or so to repair and test it. I explained that without my backup equipment I was struggling to fulfil my gig commitments and that a further 2-3 week delay was rather inconvenient - they advised me to take it up with the retailer.

 

So I sent an email asking the retailer about options for partial refund or replacement unit and was responded with a rather nasty phone call berating me for quoting consumer legislation (I was simply reminding them of their obligations, not in a threatening manner!) and said that there was no way a 7-8 week repair time is unreasonable. I said I disagreed due to the inconvenience and the fact that this wasn't a custom unit - it's a mass produced piece of DJ equipment used everywhere. He finished his diatribe by inviting me to take him to court where I would lose.

 

I sought some preliminary advice which stated that it was probably that the transaction was B2B due to the goods being used for professional purposes; however I was also advised that unless they had specifically excluded certain rights (such as reasonable time for repair) at the point of contract, then Sales of Goods Act 1979 would still apply in B2B transactions? (looking at their T&C's, I don't believe they excluded any rights)

 

Can anyone give me any further clarification here as to what, if anything, I can do? the continued loss of this unit is now costing me money a I have to hire replacements for key gigs and I'm rather perturbed by this retailers' rather cavalier attitude to his customers.

 

Many thanks in advance,

Edited by getchin
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Hi getchin

 

Welcome to CAG

 

The finance company are responsible for resolving the issues. Send the following template amended, add more info, you will have to update them on what actions you've taken, i.e. the kit was sent to the retailer, who have sent it to the manufacturer. Explain about the costs incurred. Send it Recorded Delivery.

 

Keep all receipts for your costs, i.e. postage to return kit, hiring kit etc. As you should claim them back, you might have to negotiate with the finance company. If the agreement is in your father name, it's best that he deals with it on your behalf.

 

http://www.legislation.gov.uk/ukpga/1973/13

 

http://www.adviceguide.org.uk/england/consumer_e/consumer_different_ways_of_buying_e/consumer_buying_goods_and_services_on_credit_or_by_debit_card_e/consumer_ways_you_can_buy_on_credit_e/supply_of_goods__implied_terms__act_1973_-_hire_purchase_agreement.htm

 

Don't speak to the trader or manufacturer, all communication on this matter with the finance company, preferably in writing.

 

Let us know how you get on.

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Hi Rebel11,

 

Thank you so much for your advice; the template link seemed to take me to a sub forum, could you advise on the specific template I need to fill out? (I hope I'm not being a total noob here!)

 

Thanks again

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Click 'write letter', 'fill it in', click, 'preview letter'.

 

This link:- http://www.adviceguide.org.uk/englan..._agreement.htm

 

Hi Rebel11,

 

Thank you so much for your advice; the template link seemed to take me to a sub forum, could you advise on the specific template I need to fill out? (I hope I'm not being a total noob here!)

 

Thanks again

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