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Faulty tablet PC and my rights


Scott1995
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Hi there,

Not really sure where to post this topic, feel free to move if incorrect.

Today my dad went to use his Motorola Xoom tablet PC, which we purchased exactly a year ago, as it was his birthday yesterday, and we purchased this tablet for his birthday last year. Basically, today he has come to use the tablet and it becomes very hot and the touch screen does not work. This tablet has not been dropped, damaged or exposed to water at any time.

My question is, do I as a customer still have the right to return this product for an exchange/refund, as it has been just over a year ago since we purchased the product and we did not take out any extra cover on the device. Does the business have the right to refuse to refund/exchange, as we paid £450 for a device that I expect to last longer than twelve months!

Scott

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You have certain statutory rights under the sale of goods act, I don't know if you would be entitled to a replacement or refund but a repair would be a reasonable request . The item has 'failed' just outside of the warranty you could argue that it's not durable as you would rightly expect it to last for many years after the warranty expires. Where did you buy it from? Have you asked them what they are prepared to do?

I'm not an expert and I'm sure someone will be along with the disclaimer soon.

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You have certain statutory rights under the sale of goods act, I don't know if you would be entitled to a replacement or refund but a repair would be a reasonable request . The item has 'failed' just outside of the warranty you could argue that it's not durable as you would rightly expect it to last for many years after the warranty expires. Where did you buy it from? Have you asked them what they are prepared to do?

I'm not an expert and I'm sure someone will be along with the disclaimer soon.

Thanks for your reply. We bought it from a store in our home town that has about three stores that sells homeware, clothes and electronics. We are planning to go to the store today, but I wasn't too sure of the rights I actually have, if any. We are happy with a repair, if offered, as I have said before, I expect a device purchased for £450 to last longer than twelve months!

Scott

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Hi there,

Not really sure where to post this topic, feel free to move if incorrect.

Today my dad went to use his Motorola Xoom tablet PC, which we purchased exactly a year ago, as it was his birthday yesterday, and we purchased this tablet for his birthday last year. Basically, today he has come to use the tablet and it becomes very hot and the touch screen does not work. This tablet has not been dropped, damaged or exposed to water at any time.

My question is, do I as a customer still have the right to return this product for an exchange/refund, as it has been just over a year ago since we purchased the product and we did not take out any extra cover on the device. Does the business have the right to refuse to refund/exchange, as we paid £450 for a device that I expect to last longer than twelve months!

Scott

in terms of faulty goods, after 6 months, the burden of proof shifts to you to prove that they were faulty when you bought them.

you technically have upto 6 years to complain under the limitations act, but since the fault was unlikely to be there from day of purchase, you'd still have a tough time getting a refund. Exchange tends, understandably, to be easier.

however, what we're probably looking at is the statutory rights, I'd personally say it doesn't fit into the reasonable length of time as part of your statutory rights, given the price and type of good, but you do so there's a bit of a difference of opinion there.

did you buy it with a credit card by any chance?

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The problem you are describing lies withing the battery. After 12 months of good use, the battery can no longer stabilise it's own temperature therefore when releasing the power it creates an exothermic reaction. This happens with many laptops...

Is the unit a closed unit like an iphone or is a battery replacement an option?!

The screen not functioning is the only chance you stand at a repair/replacement! Battery's aren't covered under statutory rights i believe ( until someone corrects me)

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Have a look at this link and sit in general, it holds some relevant info...

http://whatconsumer.co.uk/how-long-should-it-last/

Basically it centres around the products durability and how long it should last. Just because something has elapsed from the 6/12 months normally offered doesnt mean that there is nothing that can be done. If you can reasonably prove that the item should last longer then it has you should have a case. In the article it uses a washing machine or a printer as an example but it can apply to everything.

In my opinion if I pay £450 for an electronic device I would reasonably expect it to last a lot longer than than the time you have had yours. Personally I would see what the shop has to say, you never know but they might have had similar complaints and have a contact or a solution that will help. After speaking to the shop I would get on the case with the manufacturer, they may try and push for a repair charge but its well worth a fight to try and avoid it...

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