Consumer Rights

[Andy Pullen]

I bought an Hitachi jigsaw from Wickes just under 6 months ago and noticed a while back that the plating was peeling from the base. Today when I got it out to use I noticed that it had got far worse so I took it to Wickes to get a replacement, it's clearly faulty. The shop assistant would only take it back to be sent away for repair which is no good because I need a jigsaw for my job and they wont lend me a replacement until it comes back.
Do I have any right to demand a refund so that I can go and buy a replacement from elsewhere, not sure I even want another Hitachi in its place to have ther same problem once the guarantees run out.
I know we all have our own opinions but whjat is the actual law with regard to this.
Regards Andy

 

[Mark Hancock]

I would have thought that as it's not fit for purpose under the Sale of Goods Act you would be entitled to full refund :?:

 

[Andy Pullen]

Just did an internet search and then rang them with the results. They are going to call me back within the hour, so they said.
Had to laugh though when I went to the customer services desk and someone was trying to return cupped softwood skirting that they had already stained. They claimed it should have been checked for flatness before it was put on sale.

 

[Slim]

I would have thought that as it's not fit for purpose under the Sale of Goods Act you would be entitled to full refund

Frayed knot. I've just been through all this with a faulty camera lens. Unfortunatly the jigsaw was fit for purpose when you bought it. If it is still under the manufacturers guarantee, they have a duty to either repair of replace within a "reasonable time period". However, nowhere is it stated what this time period is. It is their decision which course of action to take.

 

[Andy Pullen]

But was it fit ? Metal plate shouldn't just bubble off should it ?

 

[Slim]

No it shouldn't, but it is 6 months since you bought it.

One technique I use when I want a refund or replacement is to not leave the shop until I get it. I did this recently with 2 tile drill bits. They both sheared at the weld. I took them back to B&Q and was refused a refund. I spoke to the manager who also refused so I just conitunued demanding a refund until they were so sick of me they just gave in. They also made a racist slur towards me which went a long way to strengthening my resolve.

 

[Andy Pullen]

But it hasn't been used more than a handful of times, mostly just for kitchens as todays was. Always need one to be in the van though just in case.

 

[Andy Pullen]

Apparently before 6 months it is up to them to prove it wasn't faulty, but it could vanish for weeks and like I said, will the replacement suffer the same with the remaining g'tee running out soon?

 

[Andy Pullen]

 

[Slim]

Apparently before 6 months it is up to them to prove it wasn't faulty, but it could vanish for weeks and like I said, will the replacement suffer the same with the remaining g'tee running out soon?

Thats right.

You are only entitled to a full refund if the goods are faulty at the point of sale, or within a reasonable time afterwards. However, the "reasonable time" is not quantified here either, although TS told me it is normally regarded as 28 days.

However, looking at your photos. You could argue that the goods were not of a satisfactory quality at the time of sale. As TS put it "it was not as durable as it is reasonable to expect". The time frame doesn't matter in this case.

If you do get a replacement, it is normal for a new full term guarantee to come with it, however the retailer is not obliged to provide this as guarantees are an optional extra.

 

[Andy Pullen]

Well Wickes have rung me back and wont budge. They want the machine to be sent away for inspection and will only offer me anything once that comes back as being satisfactory to them, whenever that may be. I need to have a jigsaw in my van though and will have to buy another from elsewhere. What happens then if Hitachi deny liability? :evil:

 

[Slim]

What happens then if Hitachi deny liability? :evil:

Under the Sale and Supply of Goods to Consumers Regulations 2002, the guarantee with Hitachi is a legally binding conrtact. I would expect that they will honour their obligations. However if worst comes to worst you have th law on your side and you can take them to court. They would probably cave in at the first LBA (letter before action).

 

[chippy1970]

Andy,

You should have got a Bosch.

 

[Slim]

Andy, I have just done a bit more reading. It is reasonable for a Jigsaw to last more that 6 months, and the fault is clearly not a result of wear and tear. If it is a result of wear and tear then it is not fit for purpose.

The Sale of Goods Act 1979 gives you a case as either the jigsaw was inherently flawed at the point of sale or it is of defective quality and therfore not fit for purpose. This includes appearance and finish.

It is the sellers responsibility under The Sale of Goods Act 1979 and the manufacturers under Sale and Supply of Goods to Consumers Regulations 2002. Therefore Wickes are responsable.

I would ring Wickes and say that you have taken advice form your local Trading Standards office. Quote what I have stated above and that you are willing to take further action. Remember though that you are not claiming under the gurantee, you are claiming under your statutory rights given to you by The Sale of Goods Act 1979. They will no doubt try and fob you off. Percerverance is the key here. The law is on your side, point out to them that you would rather not have to go to court to force them to carry out their legal obligations.

I guarantee you will have either a replacement or refund at the end of the call. (my guarantee isn't legally binding :wink: )

If this doesn't work, you still have the guarantee to fall back on.

BTW I assume you have the receipt.

 

[Andy Pullen]

Andy,

You should have got a Bosch.

It is actually a really good jigsaw apart from this plating coming off the bottom. It's more Wickes attitude, first visit I would have accepted a replacement but they wouldn't and I need it for my job. In the end I have been back, had a right tear up, and now I have to wait for it to go back to the manufacturer and they still think I am going to accept a repair but I have told them I have to go and buy another one now so I have one available for work. They even agree it is faulty but still wont just refund it which just messes me about more. Bit pointless buying industrial quality tools if they are just going to treat you the same as if it were a ten quid special.

 

[Andy Pullen]

The Sale of Goods Act 1979 gives you a case as either the jigsaw was inherently flawed at the point of sale or it is of defective quality and therfore not fit for purpose. This includes appearance and finish.



.

I have to wait now and see if they make a claim that I have misused it, which seems to be the avenue they are going down. Don't know how you'd go about stripping metal plate off a tool though if it's on properly in the first place.

 

[TonyW]

I would ring Wickes and say that you have taken advice form your local Trading Standards office. Quote what I have stated above and that you are willing to take further action. Remember though that you are not claiming under the gurantee, you are claiming under your statutory rights given to you by The Sale of Goods Act 1979. They will no doubt try and fob you off. Percerverance is the key here. The law is on your side, point out to them that you would rather not have to go to court to force them to carry out their legal obligations.

I agree entirely with Slimjim81. Why not telephone trading standards as well - I did this recently and found them to be extremely helpful.

I guarantee you will have either a replacement or refund at the end of the call. (my guarantee isn't legally binding :wink: )

Slimjim81 your guarantee is in writing therefore it must be legally binding

Cheers
Tony

 

[chippy1970]

Andy,

I have been through all this rubbish with Dewalt and Trend I am fed up with the quality of most modern power tools. They all seem to be made in eastern europe and are rubbish quality.

The Bosch jigsaws seem to be one of the things that have not changed I just bought the basic one which still uses the screwdriver method of fitting the blade it was only around £120 and feels good.

I have started buying Festool now because i'm so fed up with all the main stream tools but even some of their stuff isn't 100 % perfect I have heard a lot of people moaning about their jigsaws.

 

[Richard S]

Hi Andy

I'm afraid this is typical of Wickes attitude towards their customers and the main reason I will never buy from them again, having had a similar experience to yours in the not too distant past. I did however stand my ground and on that occasion won the day and left with a refund, however it was one hell of an argument and not one I'm in any hurry to repeat. Say what you will about B&Q but they have always refunded or replaced at my discretion on any tool I have had to return. They even recently replaced a 9" angle grinder with a better model for the same price and because the fault was a broken spindle lock gave me a new diamond blade to replace the one that now couldn't be removed from the faulty item.
The most important thing to remember is that the sale contract is between you and the retailer not the manufacturer, all goods sold in this country must be of satisfactory quality and fit for the purpose for which they are designed. The other important change to this legislation is that since January this year the onus has been put upon the retailer to prove that a returned item is satisfactory and it is not encumbent upon you to prove that it is not. Another important change is to the length of time you can return an item in, previously it was generally accepted that a retailers liability stopped at twelve months, this is not the case you can now argue that an item depending on its price and or quality should last longer than twelve months. My father recently returned and had replaced a Sony that was nearly three years old arguing that it is not unreasonable to expect a quality item such as that to last longer than three years, in this instance the retailer in question replaced the item with no fuss, thus retaining a customer and also gaining one (me) due to their good attitude.

I truly hope you manage to get this situation sorted to your satisfaction but either way I think the moral of this story is that we should all think before we part with our hard earned and if a few more pounds buys us better service then stick with the retailers who look after us. I have found one or two that I trust and now try to put my business their way.

Best of luck

Richard

 

[brianhabby]

Hi Andy,

I would second most of what has been said above, you should reasonably expect a quality tool to last several years, not just six months. So it must have been faulty at the time of purchase, it's just taken several months for the fault to become apparent.

One thing that I think is well worth trying is to visit your local Trading Standards department, as has already been suggested, but ask them to speak to the retailer. If Wickes get a call from Trading Standards they will definitely sit up and take notice.

Best of luck in your endeavors, be sure to let us know the outcome.

regards

Brian