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[Entwood]

To clarify the SoG Act, yes that is with the retailer, *BUT* they are perfectly entitled by law to use the manufacturer to provide support. The responsibility remains with the retailer though.

Tesco are not breaking any laws by doing so. In fact, they are just like virtually every other company out there (Amazon included, Mr Omegaman) - if you bought a washing machine from Asda, you'd expect an Indeshite technician to knock on your door, not some idiot dressed in green and black, stinking of cabbages?

Agreed .. but the customer does not have to jump through hoops and contact the manufacturer .. as is being demanded in this case ... the retailer "may" contact the manufacturer for support .. but the customer does not have to ...

In this case the item is faulty and needs replacement. There is no requirement for the manufacturer to have certify this ... and the seller cannot pass the buck in this way. Sections 48A& B of the SoG act are very specific on this point.

as detailed in the HofC library report ..

1 A consumer’s legal rights to return a faulty good
1.1 Introduction
UK law relating to the sale of goods is set out principally in the Sale of Goods Act 1979 (SGA 1979) as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002. When a retailer sells a good they enter into an agreement or contract with the consumer. In addition to any express terms agreed by both parties at the time the contract is made, the Sale of Goods Act 1979 (SGA 1979) implies additional statutory terms into the sale contract for the benefit of the consumer.
As a result, a consumer has statutory legal rights if the goods they have purchased do not conform to contract (are faulty). These rights are enforceable against the retailer, not the manufacturer. This is because an individual's legal rights are against the person who sold them the goods, since they have a contract with the seller, rather than with the manufacturer who produced those goods. It is the responsibility of the seller that the goods he sells are of satisfactory quality. The SGA 1979 works on a chain system. If someone claims against a retailer, they, in turn, may claim against the wholesaler, who can claim against the manufacturer.

[TheBoy]

The retailer can get their customer to contact the manufacturer. That is perfectly acceptable. If a replacement is needed, that will be via the retailer, but only once the manufacturer has agreed that course of action.

Yes, ultimately, the contract is between the customer and the retailer, but as said, the retailer can use the manufacturer to provide any tech support/diagnosis.

[Mr.OmegaMan]

Sent an email, I'll just lose my temper if I call again, Was passed  around 5 or so times on the phone talking to complete idiots, Everyone saying different thing and clueless as why the call was transferred to them.

[Mr.OmegaMan]

Right then, Here's the response to Entwood's handy work 

Dear Mr ****,

You are correct sir, we do have primary responsibility for the item in question and in no way are we passing this back to Asus the manufacturer.

We have selected Asus to work on our repairs at our cost and this is why you have been advised to speak directly with them.

With any item that develops a fault after acceptance a repair or exchange are the two most common resolutions and this decision is made by the seller and is always the most cost effective.

I can fully understand how you are upset regarding this matter but we have a legal right to offer a repair on any item that develops a fault and in this case we are more than happy to collect your item, repair it and return it to you in full working order.

If you would like to discuss this further please do not hesitate to contact me on 0800 028 2353

Kind regards

****

[Entwood]

Which is somewhat different to forcing you to contact ASUS methinks .. however I would riposte their email with one of my own quoting section 48A of the act ..

48A Introductory
 
(1)This section applies if—

(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and

(b)the goods do not conform to the contract of sale at the time of delivery.

(2)If this section applies, the buyer has the right—

(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or

(b)under and in accordance with section 48C below—

(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or

(ii)to rescind the contract with regard to the goods in question.

(3)For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

You require a full refund with 7 working days as you rescind the contract.

[Taxi_Driver]

Should have bought it from John Lewis 

My parents bought a bread maker of JL 11 months ago.....carnt remember the make.....but cost them circa £80.....delivered free..(when i checked online at the time....JL were just as cheap as online stores for the make/model)

11 months down the road it broke.....and they couldnt find the receipt.....but i found the box it came in....in their loft with a delivery date stamped on the address sticker...

My mum phoned them up with this info......new breadmaker delivered a week later and old one taken away....plus a £2 refund because the breadmaker is now £2 cheaper when they bought it 

Thats service 

[Mr.OmegaMan]

Should have bought it from John Lewis 

My parents bought a bread maker of JL 11 months ago.....carnt remember the make.....but cost them circa £80.....delivered free..(when i checked online at the time....JL were just as cheap as online stores for the make/model)

11 months down the road it broke.....and they couldnt find the receipt.....but i found the box it came in....in their loft with a delivery date stamped on the address sticker...

My mum phoned them up with this info......new breadmaker delivered a week later and old one taken away....plus a £2 refund because the breadmaker is now £2 cheaper when they bought it 

Thats service 

Only bought from Tesco because of the offer, Was £130 reduced to £59 and it's now back at £130.

[Mr.OmegaMan]

Which is somewhat different to forcing you to contact ASUS methinks .. however I would riposte their email with one of my own quoting section 48A of the act ..

48A Introductory
 
(1)This section applies if—

(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and

(b)the goods do not conform to the contract of sale at the time of delivery.

(2)If this section applies, the buyer has the right—

(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or

(b)under and in accordance with section 48C below—

(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or

(ii)to rescind the contract with regard to the goods in question.

(3)For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

You require a full refund with 7 working days as you rescind the contract.

Ideally I want it replaced rather than refunded. I'll send this anyway if you think it will help 

[AndyRoid]

Forgetting SOGA for a minute.......
When you said in your first post that you had tried "everything", did that include a FULL factory reset?

The reason I ask is because I've just done a friends tablet that had a very similar issue with the Bluetooth and it turned out to be the OS (or rather the OS upgrade) that was the root cause of the issue (BT and Wi-Fi use the same radio).

[Mr.OmegaMan]

Forgetting SOGA for a minute.......
When you said in your first post that you had tried "everything", did that include a FULL factory reset?

The reason I ask is because I've just done a friends tablet that had a very similar issue with the Bluetooth and it turned out to be the OS (or rather the OS upgrade) that was the root cause of the issue (BT and Wi-Fi use the same radio).

Yep tried that and it's still the same, Type in the model of my tab in google with the works wifi issues.. There seems to be a lot. 

[Mr.OmegaMan]

Forgetting SOGA for a minute.......
When you said in your first post that you had tried "everything", did that include a FULL factory reset?

The reason I ask is because I've just done a friends tablet that had a very similar issue with the Bluetooth and it turned out to be the OS (or rather the OS upgrade) that was the root cause of the issue (BT and Wi-Fi use the same radio).

Yep tried that and it's still the same, Type in the model of my tab in google with the works wifi issues.. There seems to be a lot. 

Tried a full factory reset again, But before i did i tried something someone else suggested and now it works, Static IP address then it connected but there was no internet but after another full reset it has connected and there's internet. 

[TheBoy]

Which is somewhat different to forcing you to contact ASUS methinks .. however I would riposte their email with one of my own quoting section 48A of the act ..

48A Introductory
 
(1)This section applies if—

(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and

(b)the goods do not conform to the contract of sale at the time of delivery.

(2)If this section applies, the buyer has the right—

(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or

(b)under and in accordance with section 48C below—

(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or

(ii)to rescind the contract with regard to the goods in question.

(3)For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

You require a full refund with 7 working days as you rescind the contract.

Repair or Replace, but down to the retailer. The law does NOT give you the right to choose - possibly because the Act itself is so woolly and full of holes, which is often the case when drawn up by civil servants.

As to who does the repair, you wouldn't want a checkout girl wielding a soldering iron on your posh tablet.

The manufacturer knows the product better than any call centre Tesco bod, so makes sense to use them for support. Most retailers pay a lot of money for full manufacturer support, as is considered a premium feature, hence usually only offered by the larger retailers (who can probably negotiate it as part of the order).


But anyway, sounds like Mr Omegaman has got somewhere without support, and the item probably isn't faulty after all (more likely a software glitch).

Note, but an interesting quirk, its not possible to enforce SoG to software. Loop hole is based around you don't buy the software, just a licence to use it. As all software has some faults, just as well really

[TheBoy]

Should have bought it from John Lewis 

My parents bought a bread maker of JL 11 months ago.....carnt remember the make.....but cost them circa £80.....delivered free..(when i checked online at the time....JL were just as cheap as online stores for the make/model)

11 months down the road it broke.....and they couldnt find the receipt.....but i found the box it came in....in their loft with a delivery date stamped on the address sticker...

My mum phoned them up with this info......new breadmaker delivered a week later and old one taken away....plus a £2 refund because the breadmaker is now £2 cheaper when they bought it 

Thats service 

JL are the king of post sales support (but again pass you on to the manufacturer for some items)

However, even JL stopped offering their no quibble refund/replace on certain items in the early 2000s. When Sony had all that trouble with their Wega screened TVs, due to poor design, JL got stung by taking so many faulty ones back, which Sony refused to honour (claimed they worked to their definition of spec), that JL would only replace/refund after Sony had inspected and agreed replace it.