Bit of legal help please.

[Mikeact]

Hi...bit of a 'legal' one this, before I think of the small claims court.

Gerally speaking, when you buy an item , in my case sat nav and all accessories, you get 12 months 'warranty'. If an item breaks, it's replaced under warranty...so far so good. But, what happens if the replaced item breaks again, this time outside of the first 12 months warranty, but well within the 12 months that it was replaced ? My supplier is refusing to replace a broken Arkon all in one holder....the same fault as happened exactly the first time...the tensioned arms suddenly sprang apart, depositing my Ipag on to the floor of the car. Their argument is that , yes, they may well have replaced it with a new one 5 months ago, but the total system is now 16 months old
To be frank, sadly I could not reccomend an Arkon holder if this is typical of their build quality.
And advice /comments before I decide whether or not to take it further ? Thanks.

[neil01]

A warranty for a certain length of time is just that. Replacing the item under warranty does not extend it. However there are steps you can take.

If you are entitled to a refund - consider taking it and re-purchase so your warranty starts again, accept the replacement under the condition that they extend the warranty (in writing).

However, do remember that even though the warranty may have expired, your legal rights won't have.

[anarchyuk]

As far as im aware the replacement is still under your original purchase, that being 12mths, its the same where i work too. So whenever someone buys something, and they bring it in for an exchange because its faulty, we will replace it but would state to the customer that this is still under the original warranty as your first purchase & NOT started another warranty with the replacement, hope that made sense.

[Mikeact]

Thanks...yes I understand, but, why would a brand new replacement not generally be covered by some sort of guarantee/warranty, regardless of the circunstances ? Surely they..the retailer.. only has to send it back to the manufactuer again....'new unit, 5 months old...failed again' Obviously my argument has to be with the supplier and not the manufactuer as I understand it....in any event I don't suppose that Arkon would be the slightest bit ibterested..or would they ? I think that I am going to press on with them, more strongly...I wish I could tell you who they are as they are so well known on the net.....and if no joy then it's the small claims court, as to be frank I don't think I have much to lose, particularly having been through the court before on something totally unrelated, and more to the point, winning. I have to believe that there must be many others in similar situations.

[anarchyuk]

Retailers do not have to give a full new warranty with a replacement as this is an exchange for the original purchase! Its like someone said before, if originally you had just asked for a refund instead of an exchange, then buy it again then you`d have a new 12mth warranty. That original receipt is seen as your warranty, thats always the case.

You should however state who it is on here who it is as this particular forum is about retailers/mail order/internet firms, so why not spread the word on the companys name.

[Mikeact]

OK, as a follow up, here you go :
It's GlobalPositionongSystems Ltd...very well known and generally a pretty good site and forum to visit.
While I do understand the original warranty implications, I do feel that a more sympathetic approach from them would not have gone amiss.
I have heard nothing further from them...neither 'go away', or 'that's it', so I have to assume that that's it then.
Below is my last note, highlighting their Comlaints procedure which obviously did not work in my particular case. However , not to worry...I am reminded of the old saying that 'I have a choice', and sadly, next time it will be elsewhere and I will not/ cannot recommend them to anybody who asks
-----------------------------------------------------------------------------------
Thankyou for your response. I have just looked at your complaints procdure :
--------------------------------------------------------------
Handling Complaints

We will handle any complaint in a fair, effective and confidential manner. We not only endeavour to respond to any complaint within five working days but also to have it fully resolved.
------------------------------------------------------------------
I now understand that you will replace this faulty item without any warranty implications. This I am happy to accept...please advise the RMA number in order for me to return this item for replacement.

Regards, Mike Turnbull.

technical@globalpositioningsystems.co.uk wrote:
Hi ,

The warranty won't be renewed even if you have the unit replaced.

Kind Regards

Ying Tuckerman

Product Support

[Skippy]

I am surprised that they don't just replace it as a good will gesture.

I have written several letters like the one below (NOT to GlobalPositionongSystems, I hasten to add) and they always get quick results. I have never had to resort to Small Claims court, though I would do if I didn't get a result from a letter like this.

Anyway, don't mess about with email, put this in a letter and send it registered post, signed for. That way you will get the attention of someone senior rather than the boy or girl on the helpdesk who will try and fob you off.


Dear GlobalPositionongSystems Ltd,

I was sold an Arkon all in one holder which subsequently broke after less than a year's use. This was replaced under warranty with a new mount of the same type which broke after just 5 months.

The Sale of Goods Act 1979 (as amended) says that goods should be "of satisfactory quality". I do not consider that the mount was of satisfactory quality since it broke after just 5 months of use.

I would like a replacement, as is my statutory right under law and I would like to point out that my rights under consumer law are in addition to any warranty the retailer or manufacturer may offer.

If I do not receive a satisfactory reply to this letter within 7 (seven) days then I will take the matter to the small claims court.

Yours Faithfully

.......


Good luck!
_________________
Gone fishing!

[Mikeact]

Thanks...that's just what I was intending to do, and I appreciate the words to go with it. Ths small claims court holds no fears for me, having sued successfully National Express Coaches last year on an entirely different matter on behalf of my aged Aunt.

[anarchyuk]

Bit surprised about them like, as ive just bought my Mio C510 from them yesterday & ive had no bother whatsoever, as well as having prompt service & fast delivery i was quite impressed. However if my unit did go faulty within the first 12mths id just ask for a refund, then by then ill buy another C510 by then the price probably will have dropped & then buy the unit again.

This way id be getting a new unit plus a new 12 mth warranty to support this, one way getting around it

[Mikeact]

Not sure how difficult it is to ask for a refund of one broken part, when you've bought a complete all in'package' though ?

[Skippy]

[Catherine]

Mr Turnbull,

I've had a look in to your case and have sent you an email.

Catherine Hinchcliffe
Customer Services Manager
Yoonoo Ltd
_________________
catherine.hinchcliffe@yoonoo.co.uk
www.globalpositioningsystems.co.uk
GPS Specialists

[Mikeact]

Hi Guys,

I am delighted to report a successful outcome to my 'gripe'.
Herewith, the following response from GPS.
..........................................................


I saw your posting on pocketGPS, it was a really
interesting thread so I went and dug out your old
communication with us to have a look at your
order history. I hope you don't mind me contacting
you directly.

With reference to your Arkon mount, these have
now been discontinued. For some unknown reason
Arkon have stopped manufacturing them before
starting development on a replacment model.

I've checked with our Sales team if we have any
alternative mounts that would work with your 4150
but unfortunately we don't .

Therefore, the only option I can suggest is a
partial refund. This would take into account the
19months use you've had from your current mount/s.
and would be £42.00

Would you like me to arrange for you to Return
the mount and the connection cable to us so we can
send you a cheque refund?

Looking forward to hearing from you
..................................................

Thankyou GPS...I am once again more than happy to recommend GPS for further purchases. And thankyou guys, for all your input...this has been an interesting one I think you will agree. Mike.

[anarchyuk]

all's well ends well

[theripper]

I think this must be a design problem with the Arkon mount as I have had 3 (from a different supplier) and when the third one broke as well I decided to give up and screwed it into the right position for my Ipaq 2490

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