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Faulty monitor, manufacturer has had it for 2 months

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M.C
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PostPosted: 13:27 - 31 Oct 2018    Post subject: Faulty monitor, manufacturer has had it for 2 months Reply with quote

I purchased a monitor which had a fault, I contacted the retailer who referred me to the manufacturer who accepted the return to repair the monitor. They've attempted multiple repairs (at their facility), even the same ones twice, I've complained asking for a refund, quoting the consumer rights act but their attitude is I have to wait for the repair to be completed.

What do? Which say: Under the Sale of Goods Act, the retailer must either repair or replace faulty goods 'within a reasonable time but without causing significant inconvenience'.

Surely 2 months isn't 'within a reasonable time'?
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2Hondas
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PostPosted: 14:05 - 31 Oct 2018    Post subject: Reply with quote

The Consumer Rights Act 2015 says they get one chance of repair, after which if the goods do not confirm to the contract, you have a final right to reject for a full refund (because it's in the first 6 months of ownership)

Part 1, Chapter 2, Point 24.5a
https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

I used this clause to return a faulty car. They had no come-back.
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M.C
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PostPosted: 14:16 - 31 Oct 2018    Post subject: Reply with quote

I'm guessing that's when they they return the product to you (faulty)? I have about 10 voicemail messages with all the 'updates' regarding their failure to rectify the issue.

In 3 weeks the monitor will be 6 months old, that's partly why I'm getting anxious as I don't want to end up with a partial refund.
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M.C
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PostPosted: 14:37 - 31 Oct 2018    Post subject: Reply with quote

I've not had the monitor back, they're on their sixth repair at their facility, currently replacing a part they've already tried replacing. It's a 4k monitor but yeah I expected a replacement unit or a fairly swift turnaround on this one.

The fault is that the monitor fails to turn on (and goes into standby mode) the majority of the time.
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2Hondas
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PostPosted: 14:40 - 31 Oct 2018    Post subject: Reply with quote

In that case, this comes under point 23.2a and 23.6

23.2a
If the consumer requires the trader to repair or replace the goods, the trader must—
(a)do so within a reasonable time and without significant inconvenience to the consumer.

23.6
A consumer who requires or agrees to the repair of goods cannot require the trader to replace them, or exercise the short-term right to reject, without giving the trader a reasonable time to repair them (unless giving the trader that time would cause significant inconvenience to the consumer).

As long as you claim you're suffering significant inconvenience, then claim the final right to reject under 24.5c as they've failed to repair it without significant inconvenience to you.

24.5
A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—
a
b
c. the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer
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Wonko The Sane
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PostPosted: 14:40 - 31 Oct 2018    Post subject: Reply with quote

M.C wrote:
I'm guessing that's when they they return the product to you (faulty)? I have about 10 voicemail messages with all the 'updates' regarding their failure to rectify the issue.

In 3 weeks the monitor will be 6 months old, that's partly why I'm getting anxious as I don't want to end up with a partial refund.


I believe the relevant date is the point at which the fault occurred and you arranged repair.

I understand from your original post that you've returned it and been left waiting, not received a repaired / replaced unit?

They might be trying to push it over the 6 months and send a new one / repaired one to you - I'd argue if that goes faulty that "it's 6 months since the replacement, so it's within..."

If they try and wash their hands of it then stick to your guns, it went faulty within the 6 months, and they've failed to resolve the issue, money back, now.
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M.C
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PostPosted: 14:58 - 31 Oct 2018    Post subject: Reply with quote

2Hondas wrote:
In that case, this comes under point 23.2a and 23.6

23.2a
If the consumer requires the trader to repair or replace the goods, the trader must—
(a)do so within a reasonable time and without significant inconvenience to the consumer.

23.6
A consumer who requires or agrees to the repair of goods cannot require the trader to replace them, or exercise the short-term right to reject, without giving the trader a reasonable time to repair them (unless giving the trader that time would cause significant inconvenience to the consumer).

As long as you claim you're suffering significant inconvenience, then claim the final right to reject under 24.5c as they've failed to repair it without significant inconvenience to you.

24.5
A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—
a
b
c. the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer

When I looked before I couldn't see any definition of what a reasonable time was. Personally I find 2 months to be completely unreasonable. FWIW a friend had a monitor repaired in 5 days with the same company.

Wonko The Sane wrote:
I understand from your original post that you've returned it and been left waiting, not received a repaired / replaced unit?

They might be trying to push it over the 6 months and send a new one / repaired one to you - I'd argue if that goes faulty that "it's 6 months since the replacement, so it's within..."

If they try and wash their hands of it then stick to your guns, it went faulty within the 6 months, and they've failed to resolve the issue, money back, now.

Yep that's correct. That was my thinking (about pushing it over 6 months) but its all been very strange. I complained, it got referred up, then the person dealing with my repair contacted me regarding the complaint Confused
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iooi
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PostPosted: 21:38 - 31 Oct 2018    Post subject: Re: Faulty monitor, manufacturer has had it for 2 months Reply with quote

M.C wrote:
I purchased a monitor which had a fault, I contacted the retailer who referred me to the manufacturer who accepted the return to repair the monitor.

Surely 2 months isn't 'within a reasonable time'?

So how long had you had the monitor?

I'm guessing that as the retailer referred you to the manufacture, you had it for a while.

As your contract is with the retailer, not the manufacture....

How long you have had it can make a difference to your rights.
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M.C
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PostPosted: 22:38 - 31 Oct 2018    Post subject: Reply with quote

5 months 1 week including the time the manufacturer has had it (2 months). The retailer said the manufacturer handled the process, I guess had it been a smaller brand they'd have handled it.

If I get it back and it's still faulty I'm guessing I reject it with the retailer?
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M.C
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PostPosted: 10:41 - 01 Nov 2018    Post subject: Reply with quote

Acer. I knew about the issues with the Predator range as a pal is on his fifth different panel from them. I thought I was safe going with a different model... obviously I'm never buying Acer again.
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R1stu
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PostPosted: 14:11 - 01 Nov 2018    Post subject: Reply with quote

M.C wrote:
obviously I'm never buying Always Crap Ever Repairing again.

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Hong Kong Phooey
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PostPosted: 19:58 - 01 Nov 2018    Post subject: Reply with quote

Have you threatened to expose them on...
TWITTER
Shocked

You've already been too reasonable in my eyes, I'd be kicking up so much shit they'd just want to get rid of me. Who's the retailer? Raised voices in a busy store is a good tactic, especially if you're in the right.
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M.C
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PostPosted: 20:33 - 01 Nov 2018    Post subject: Reply with quote

It's an online retailer not known for their customer service Smile
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P.
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PostPosted: 10:42 - 02 Nov 2018    Post subject: Reply with quote

My Acer CB281HK is still going strong, its a pony panel however and is a mere shadow on the Samsung I am also using.

Do you need a monitor, got loads lol
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M.C
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PostPosted: 11:51 - 02 Nov 2018    Post subject: Reply with quote

Paddy. wrote:
Acer CB281HK

TN Panel...

https://files.brightside.me/files/news/part_12/120405/674405-1302306633_strannie_i_smeshnie_zhivotnie_26-650-d509db0424-1484645313.jpg
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Hawkeye1250FA
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PostPosted: 16:29 - 02 Nov 2018    Post subject: Reply with quote

Just to add my experience in...

I go through a high turnover of laptops through my business, ever Acer I've ever ordered has needed to be repaired in some way.

Charging port knackered
Battery kaput
Keyboard broken

But the main issues have always been the lack of cohesion between the hardware they put in - and the software they install on top. There seems to be little or no testing done to make sure it all works together correctly.

I buy Asus now. No issues from the last two I've bought this year.
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M.C
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PostPosted: 16:56 - 02 Nov 2018    Post subject: Reply with quote

Hawkeye1250FA wrote:
I buy Asus now. No issues from the last two I've bought this year.

Yep, my old monitor (that I'm currently using) is Asus. Generally they seem to cost a bit more but that's what I'll be buying in future.
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Hawkeye1250FA
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PostPosted: 17:33 - 02 Nov 2018    Post subject: Reply with quote

Acer very quickly becoming the new dell in my eyes. Mad
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P.
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PostPosted: 18:16 - 02 Nov 2018    Post subject: Reply with quote

M.C wrote:


Ain't broke doe. Laughing

Tbf, I have 2 TN panel 4Ks, they are worlds apart but similar pricing. Samsung one pisses over the Acer. Colour brightness and blacks/whites.
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sickpup
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PostPosted: 10:47 - 03 Nov 2018    Post subject: Reply with quote

Did you pay for it on credit card?
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M.C
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PostPosted: 13:48 - 03 Nov 2018    Post subject: Reply with quote

sickpup wrote:
Did you pay for it on credit card?

Nope.
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sickpup
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PostPosted: 13:54 - 03 Nov 2018    Post subject: Reply with quote

M.C wrote:
Nope.


Like getting sense from a junky, so how did you pay for it?
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M.C
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PostPosted: 14:42 - 03 Nov 2018    Post subject: Reply with quote

PayPal, funded from PayPal balance and bank transfer.
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