warranty ?

[flearider]

ok here in the uk the first yr's warranty is with your place of purchase ?
after that it go's back to the manufacture
true or false ?
it's a motherboard that has gone wrong ..
the place where I got it from now tells me there sending it back and could be 28 day's I am arguing the point .
they can say what they want but uk law over rides this ..

[Saracen]

ok here in the uk the first yr's warranty is with your place of purchase ?
after that it go's back to the manufacture
true or false ?
it's a motherboard that has gone wrong ..
the place where I got it from now tells me there sending it back and could be 28 day's I am arguing the point .
they can say what they want but uk law over rides this ..

It's not so much true or false, as a LOT more complicated than that.

The shop/retailer can be liable for up to 6 or 7 years (slightly different in Scotland to England, Wales, etc, BUT .... it depends what went wrong, when and why.

The first thing to get your head around is that "statutory rights" and "warranty" are completely different, and the shop CANNOT opt out of statutory rights. However, after 6 months, it becomes significantly harder to prove liability


So depending on what went wrong, after a year or more, you COULD have a claim under statutory rights, warranty, both or neither.

Even if it's both, it might well be the case that the manufacturer warranty is the easier, and potentially faster route, even if the shop might have a statutory rights liability.

[flearider]

It's not so much true or false, as a LOT more complicated than that.

The shop/retailer can be liable for up to 6 or 7 years (slightly different in Scotland to England, Wales, etc, BUT .... it depends what went wrong, when and why.

The first thing to get your head around is that "statutory rights" and "warranty" are completely different, and the shop CANNOT opt out of statutory rights. However, after 6 months, it becomes significantly harder to prove liability




So depending on what went wrong, after a year or more, you COULD have a claim under statutory rights, warranty, both or neither.

Even if it's both, it might well be the case that the manufacturer warranty is the easier, and potentially faster route, even if the shop might have a statutory rights liability.

ok the bios went bad on a asrock taichi ..contacted asrock they said send it to the place you got it .. so did an rma with the vendor .. now there saying they have to send it off ?
they tested it got the fault and the board is 8 months old

[kalniel]

Yes, that's right - retailers often lack the expertise to repair complex products (unsurprisingly) so will need to return them to the manufacturer, but you don't need to do that, the retailer does that on your behalf.

[flearider]

Yes, that's right - retailers often lack the expertise to repair complex products (unsurprisingly) so will need to return them to the manufacturer, but you don't need to do that, the retailer does that on your behalf.

just thought I would get a new board ..as it's under a yr old
waiting another 28 days is unacceptable

[kalniel]

just thought I would get a new board ..as it's under a yr old
waiting another 28 days is unacceptable

It's within their rights, but that's where choice of retailer comes in. Often you have the choice between a retailer that cuts margins razor thin and thus gets the best price, or a retailer that prices things a bit more, but thereby give themselves more margin for good service above and beyond your rights.

[Ttaskmaster]

just thought I would get a new board ..as it's under a yr old
waiting another 28 days is unacceptable

The retailer gets the option to repair, replace or refund the product, depending on which is best for them. Obviously they can't replace it if they've sold out, for example.
This is part of your contract with the retailer.

Also, the time taken is for them to send the board off, get it tested by the manufacturer, verify any defects and ascertain whether it was caused by you or something else. It's part of their own contract with the manufacturer and/or their supplier. If they have a supplier-only contract, that supplier will have their own contract with the manufacturer and everyone is afforded a reasonable amount of time to receive, deal with and turn-around problem stock.
This is why it takes 28 days.

It would be equally unacceptable if a customer bought a board, intentionally mucked about and borked it, but was then able to just demand a retailer swapped it at their own cost. Retailers would just lose so much money they'd collapse!

[Saracen]

You may not want to hear this, flearider but whren I said it depends what's gone wrong, what I really meant is if the that whatever (BIOS in your case) why it failed.

Your statutory rights depend on it being something "inherent" in the product, at time of sale. So, faulty manufacture, under-spec component, design flaw, etc.

What isn't covered is things that may have occured after sale, like faulty installation, too much aggressive handling, improper anti-static precautions, burnt out by a PSU fault, or a mains spike, or some muppet spilling his coffee in it, etc.

The problem is, how to establushb WHY the PSU failed.

For 6 months, the legal assumption is that the fault is inherent, and that you gave a claim, unless the seller can prove otherwise. After 6 months, that burden of proof switches, and now the presumption is not an inherent fault, hence your statutory rights largely vanish, unless you can prove otherwise.

That is why shops oftrn send boards to an expert, usually the manufacturer .... which is why rrlying on thrir warranty may be the fastest route.

However, your rights are ultimately statutory, so the final arbiter can ONLY be a court, which meamns psying a fee, possibly losing, and as part of that process, the court nay well require an independent expert (to check for electrical burns, coffee stains, etc) which YOU will have to pay for up-front, and probably get back if you win.

All this is pretty much guaranteed to take more than 28 days, which is another reason why IF a manufacturer warranty covers it, it's very possible it's the best and fastest way.

As for time, the arch criteria is what's reasonable, as that is a primary test a court will apply to both parties. Is 28 days (usually "up to") reasonable? Well, to truly find out, sue and ask the court. But, IMHO, probably. The way the law phrases it, without looking it up, is something like "without undue or unreasonable inconvenience".

So, given it's got to go from shop to manufacturer, await it's turn to be examined, a decision made an then a replacement supplied or not, 28 days max is probably reasonable.

When my TV packed up recently, John Lewis told me 28 days. It died Thursday, was picked up Friday, loan set left, and redelivered, repaired, Tuesday morning. A lot less than 28 days .... but then, JL are known for service.


As for warranty, neither shop nor manufacturer are obliged to offer one, but if they do and you relied on it, it's legally enforceable. For instance, JL offer 5 years on TVs. Your mobo seller MUST honour statutory rights, but beyond that, aren't obliged to snd most don't give a "warranty". The confusion is with legal terms, and s mix up between "warranty" and "guarantee".

Your statutory rights do offer an immediate refund or replacement, but ONLY if goods are reported as defective pretty much on delivery, i.e. more or less DOA. You lose that pretty quickly and while no period is defined in law, it's likely to be a few dsys, at most, short of exceptional circumstances.

Outside of that, UNLESS the shop/manufacturer give a guaranteed replacement, you can't insist on it. And if the shop or manufacturer do, it WILL be subject to their T&C's. For instance, my kitchen blender has a 20 YEAR motor replacement guarantee .... subject to normal, domestic (not commercial) usage, and no abuse, etc.



Remember, statutory rights are mandatory, lie with the retailer and they CANNOT legally duck them. But you msy not get what you want.

Guarantees are optional, may come from dhop, retailer, both or neither snd, where you are covered may well be better and faster than statutory rights BUT, if they exist at all are subject to T&C's.

You need to be clear about the diference.


Note: I'm tslking about England and Wales. Scottish law is similar, but different.

[peterb]

just thought I would get a new board ..as it's under a yr old
waiting another 28 days is unacceptable

You may find that the terms of the warranty include the phrase "repair or replace at our discretion" or something similar.

[Ttaskmaster]

Note: I'm tslking about England and Wales. Scottish law is similar, but different.

Yup - Their warranties have to factor in some muppet spilling Irn-Bru and the increased devastation that can cause!!

[Saracen]

Yup - Their warranties have to factor in some muppet spilling Irn-Bru and the increased devastation that can cause!!

Not sure that's worse that some West country lad spilling some farm scrumpy. That's like to damage (dissolve) the PC, a good chunk of the table and quite possibly half the floor boards.

Irn Bru? Pah, amateurs.

[Ttaskmaster]

Not sure that's worse that some West country lad spilling some farm scrumpy. That's like to damage (dissolve) the PC, a good chunk of the table and quite possibly half the floor boards.

Do they even have electricity out there?