Is warranty renewed if product is replaced?

Scotty #

Hi folks, I've done a good bit of searching on this question but can't find a definitive answer so hoping someone here can help.

If a consumer buys a product and (months) later the product is found to be faulty and replaced by the retailer what is the status of the warranty? Is there automatically (by law) a new warranty with the new product or does the original warranty still stand (and still expire on the original date)?

hullaballoo

There is no default position because it depends on the terms of the warranty itself. However, ordinary principles of contract come into play as may consumer law, depending on whether you are a consumer under the definitions.

whippet

the warranty (which is only an addition to your statutory rights) is effective from the original time of purchase.

Usually vendors will cover the repaired / replaced part for 90 days after the repair or up to when the original warranty expires which ever comes first.

The reasoning behind this is that the vendor is honouring the original purchase for the stated period of the warranty

billy few mates

A few years ago I bought a laptop in Dixons at the duty free shop in Heathrow Airport which came with a one year warranty. Some time later it developed a fault and I brought it to my local PC World and they took it in for repair under warranty. They held onto for a while (can't remember exactly how long) but I asked them about the period of the warranty where I did not have the laptop while it was in for repair (I was concerned they might 'wind down the clock' and give it back to me just as the warranty expired but they assured me they would extend the warranty to cover this period. In the end they actually replaced the laptop and the new one came with a new one year warranty...

Bepolite

Consumers frequently confuse warranties, guarantees and consumer rights. Your consumer rights allow for a claim to be made within a six year period it doesn't matter if the goods have been repaired/replaced etc during that time.

I wouldn't bother with the 'warranty' with the manufacturer unless the business you purchased the item from is no longer trading.

Gatling

Had a similar issue with a high end phone before the smart phone explosion a few years back ,
Bought a phone for €500 pay as you go 8 months in phone just died returned it under warranty and was given a replacement, 4 months later the replacement died same fault again returned it a few days before the warranty expired but the phone then sat in the shop for 8 days before been sent off for repair ,
Shop then Wanted 90 for sending it off then the full cost of the repair as it was no longer under warranty

Bepolite

Gatling wrote: »

Had a similar issue with a high end phone before the smart phone explosion a few years back ,
Bought a phone for €500 pay as you go 8 months in phone just died returned it under warranty and was given a replacement, 4 months later the replacement died same fault again returned it a few days before the warranty expired but the phone then sat in the shop for 8 days before been sent off for repair ,
Shop then Wanted 90 for sending it off then the full cost of the repair as it was no longer under warranty

At which point you can avail of the excellent small claims service.

Scotty #

Thank you all for your input.

hullaballoo wrote: »

There is no default position because it depends on the terms of the warranty itself.

Yes, but product warranty aside, is there anything under statutory rights that say the new product must come with a new warranty?

Gatling wrote: »

Had a similar issue with a high end phone before the smart phone explosion a few years back...

My issue is also my phone (Galaxy S3). It's been replaced twice already due to faults and is being replaced again so this is phone number 4. I'm 20 months into a 24 month warranty and they've told me I've only 4 months warranty with this new one. Seems unfair.

Bepolite

Scotty # wrote: »

Yes, but product warranty aside, is there anything under statutory rights that say the new product must come with a new warranty?

No beyond certain obligations under the Sale of Goods Acts for parts to be available for a reasonable time (I forget the wording)

Your six year period starts from the date of purchase. If after multiple failures you have no remedy demand a refund and enter into a new contract thus restarting the clock.

Scotty # wrote: »

My issue is also my phone (Galaxy S3). It's been replaced twice already due to faults and is being replaced again so this is phone number 4. I'm 20 months into a 24 month warranty and they've told me I've only 4 months warranty with this new one. Seems unfair.

Forget the warranty - exercise your consumer rights under your contract.

billy few mates

I'm 20 months into a 24 month warranty and they've told me I've only 4 months warranty with this new one. Seems unfair.

Might be unfair but on the bright side you only need it to last four months, once your contract's up you can throw it in the bin and buy a new one....

blastit

hullaballoo wrote: »

There is no default position because it depends on the terms of the warranty itself. However, ordinary principles of contract come into play as may consumer law, depending on whether you are a consumer under the definitions.

Rights under the sale of good and supply of services act 1980 cannot be changed by warranty terms

234

blastit wrote: »

Rights under the sale of good and supply of services act 1980 cannot be changed by warranty terms

Cows go moo.

Oh, my mistake, I thought that this was the truism forum.

If you read the post that you have quoted it doesn't say what you are suggesting.

But it is a relevant point that if, for some reason, somebody is not a consumer within the meaning of the 1980 Act, there are still a variety of contractual remedies available to them and contractual warranties may be unaffected.