panasonic camera

[scoobydoo]

We purchased a camera as an 18th birthay present for our daughter.

After 11months it became faulty going straight to zoom and having no other function. I contacted Currys and it was repaired FOC ( 6 months ago) now the fault has returned ( exactly the same)

I am writing an email to currys and the repair company stating the SOGA and the fact under EU law the guarantee should be 2 years. I a really happy about another repair and annoyed as she needed it for her holiday.

Is there anything else I should be saying or quoting? Should I indicate it may be an inherent problem?

[Guest]

Re: panasonic camera

You are confusing a guarantee or warranty with your statutory rights.

The existence of one-year manufacturers' guarantees or warranties confuse the situation because retailers deny any liability when these lapse but all guarantees and warranties are offered in addition to your statutory rights. If you read any small print concerning manufacturers' warranties or guarantees you will always find the term "This does not affect your statutory rights" or "This warranty is in addition to your statutory rights" or something similar.

As buyers we have rights under the Sale of Goods Act 1979 (and other relevant or related Legislation such as the Supply of Goods and Services Act 1982, Sale and Supply of Goods Act 1994 and The Sale and Supply of Goods to Consumers Regulations 2002) to return goods bought in the UK if they fail. This right lasts for six years, (five years in Scotland.)

However, it is not an absolute right. There must be a reasonable expectation that the goods should last for that period and furthermore, there is no automatic entitlement to a refund. Buyers are entitled to repair or replacement. If that is not possible, then a refund must be given, but if you have had some use out of the goods, then it will be a partial refund as your Sale of Goods Act rights decay over time. There also exists (though I appreciate that this does not apply to your situation here) the "Reverse burden of proof" which states that 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. In essence this means that during that first six months, should the buyer choose a replacement product it is up to the seller to prove that the goods do conform to contract, should they refuse to replace them.

The two year "guarantee" is not a guarantee at all and it only applies to some member states. It is merely a minimum under EU law and it so happens that UK law is a lot more generous to the buyer.

Your rights under existing UK laws give you better protection already.

[scoobydoo]

Re: panasonic camera

So at this stage am I entitled to say I do not want another repair as I feel the same problem could re-occur? I am not really at the stage of getting all legal on them I just really want to put the ball in thier court so to speak as what they suggest is the best course of action.Should I ask for a refund and then see what is offered?

[Tools]

Re: panasonic camera

Scoobs, could you list the model number for me please. I may be able to get you some more info on the problem.

Also, a more detailed explanation of the fault.

[scoobydoo]

Re: panasonic camera

panasonic DMCFX07


camera goes straight to zoom and no other functions

On last repair it says camera stripped down located fault in zoom switch - re-assembled switch and tested.


Why are you not out enjoying the sun?

[Tools]

Re: panasonic camera

Why are you not out enjoying the sun?

I am an albino vampire on tetracycline antibiotics that give a phototoxic reaction, that and my milk bottle coloured legs don't look pretty in the sun lol.

I have spoken to a friend of mine who repairs different goods and he says the zoom lever has "a very week spring centre and a plasticy feel to it".

Apparently the zoom switch needs to be stripped down and either the spring retensioned in some way or replaced. If you have no joy with the warranty, he says it should cost a maximum of £40 to repair if the repairer can get hold of a new spring.

Hope that has helped in some way.

[scoobydoo]

Re: panasonic camera

thanks for that detailed description! Of your legs not the camera.


Thanks that may help

[Guest]

Re: panasonic camera

So at this stage am I entitled to say I do not want another repair as I feel the same problem could re-occur? I am not really at the stage of getting all legal on them I just really want to put the ball in thier court so to speak as what they suggest is the best course of action.Should I ask for a refund and then see what is offered?

You are entitled to a repair or replacement and that is at the discretion of the retailer. You do not get to choose. You can of course request a new product, or in the alternative a refund if they refuse to replace it, as you have lost faith in the integrity of the product, but they are at liberty to decline your request and offer another repair.

If this is not satisfactory you will need to assert your various rights under the Sale of Goods Act 1979 et al and remind them of their various obligations to you under those Acts. In essence, you are entitled to expect a product to be as described, fit for purpose and of satisfactory quality. For up to six years after purchase (five years from discovery in Scotland) you can issue a claim for damages and which a court would equate to the cost of a repair or replacement or alternatively you may request a repair or replacement in your claim. If repair and replacement are not possible or too costly, then you may seek a partial refund, as you have had some benefit from the camera.

It is unlikely that a court would award the full replacement cost in damages since you have owned the camera for some time and clearly have used it. The onus is on you to prove the goods did not conform to contract and should have reasonably lasted until this point.

Given that the camera will have cost over £100, it is perfectly reasonable to expect it to last longer than it has.

Ask for a replacement or refund and inform them that you will not trust another repair as the fault has returned and in half the time.

[Glenn UK]

Re: panasonic camera

Cetelco

can i just ask something, you say that SoG last for 6 years post purchase.

I haven't looked today so forgive me if i have missed something in my previous reading of the SoG but my recollection is that it does not prescribe any period only that goods should (paraphrasing here) be fit for purpose and of merchantable quality.

Is there something i have missed in terms of the time period within the scope of the act or is this taken from elsewhere eg Limitations Act?

Glenn

[Guest]

Re: panasonic camera

Cetelco

can i just ask something, you say that SoG last for 6 years post purchase.

I haven't looked today so forgive me if i have missed something in my previous reading of the SoG but my recollection is that it does not prescribe any period only that goods should (paraphrasing here) be fit for purpose and of merchantable quality.

Is there something i have missed in terms of the time period within the scope of the act or is this taken from elsewhere eg Limitations Act?

Glenn

You are correct, the 6 years is a period of limitation under the Limitation Act 1980 within which a claim must be brought.

The Sale of Goods Act 1979 does not specifically refer to any time periods as different goods will be expected to last for varying periods of time. The rights that the above Act confers however, last for as long as the period prescribed in the Limitation Act, which sets out periods of time within which action must be taken by an aggrieved party.

[scoobydoo]

Re: panasonic camera

I sent an email and have been asked to call panasonic CS so we will see what they say.

[Guest]

Re: panasonic camera

I sent an email and have been asked to call panasonic CS so we will see what they say.

Take care that you do not lose your Sale of Goods Act rights. If you contact the manufacturer on the advice of the retailer, you could obviously argue that you were acting in accordance with their advice - but you should get this confirmed in writing in case of any future disputes.

Your contract is with the retailer, not Panasonic and they are not obliged to help you since any warranty they have given has now expired.

This is where is it crucial to understand the difference between a manufacturer warranty or guarantee and your statutory rights. Any rights to repair or replacement may be void should you choose to deal direct with the manufacturer.

[Glenn UK]

Re: panasonic camera

You are correct, the 6 years is a period of limitation under the Limitation Act 1980 within which a claim must be brought.

The Sale of Goods Act 1979 does not specifically refer to any time periods as different goods will be expected to last for varying periods of time. The rights that the above Act confers however, last for as long as the period prescribed in the Limitation Act, which sets out periods of time within which action must be taken by an aggrieved party.

cheers for clearing that up. interesting point though, some products may have an expected life span greater than 6 years and for example it is common for builders to give 10 year guarantees.

The point for me to ponder is if a product is designed to last for a period longer than the 6 year contract and is specifically sold as such what impact this would have on the contract and the period of limitation?

Don't know the answer, only makes me wonder.

[Paule]

Re: panasonic camera

for example it is common for builders to give 10 year guarantees..

Just for info, It is a common trick of some unscrupulous builders to close there business every 5 years and re-emerge the next day with a slightly diff name, to dodge these guarantees.

In particular companies who do damp proofing etc, so always check how long the business has been going before comitting to any work with long guarantees on it.

A long guarantee is no good if the company isnt around to honour it.