Statutory rights and broken Canon, anyone used theirs?

[wysiwyg]

My 7D has gone pop after 15 months. Typical no power fault, and I'm assuming the DC board as is well documented.

I'm going to attempt to return it and see if they will accept it as not fit for purpose.

Has anyone else had similar with Canon and had an easy ride?

 

[Tigger.ufo]

Not sure you will get a refund/exchange easily after 15 months but you should get it fixed for free but may still have to fight a bit.

Let us know how it pans out.


Heather

 

[seriousrikk]

I assume you are going to the place you bought the camera and not Canon directly?

 

[grotty]

I thought, after a nominal period of 21 or 30 days, that the manufacturers were the first port of call.

 

[hollis_f]

I thought, after a nominal period of 21 or 30 days, that the manufacturers were the first port of call.

Nope, your contract is with the retailers, so it's them that you have to deal with. They'll probably try to get you to deal with Canon directly (less hassle for them) but explain that the Sale of Goods and Services Act applies to them, not Canon.

There's good news and bad news. Consumer law says that if something fails with 5 years of purchase due to an inherent fault then you're entitled to a refund (not full price - you've had some use of the item), repair or replacement. The retailer decides what.

The bad news is that, after 6 months, the onus is upon you to prove that the item failed due to an inherent fault. That'll normally mean you sending it to a repair centre for them to evaluate the item and write a report (and paying them to do so).

I'd ring the retailer and see how I got on. Then I'd ask them if they had a recommended repair centre that would do a fault report.


Oh - you'll probably have somebody telling you that EU Law (there's no such thing) says they have to give you a 2 year warranty. Ignore them - they're talking out of their bottoms.

 

[grotty]

Nope, your contract is with the retailers, so it's them that you have to deal with. They'll probably try to get you to deal with Canon directly (less hassle for them) but explain that the Sale of Goods and Services Act applies to them, not Canon.

There's good news and bad news. Consumer law says that if something fails with 5 years of purchase due to an inherent fault then you're entitled to a refund (not full price - you've had some use of the item), repair or replacement. The retailer decides what.

The bad news is that, after 6 months, the onus is upon you to prove that the item failed due to an inherent fault. That'll normally mean you sending it to a repair centre for them to evaluate the item and write a report (and paying them to do so).

I'd ring the retailer and see how I got on. Then I'd ask them if they had a recommended repair centre that would do a fault report.


Oh - you'll probably have somebody telling you that EU Law (there's no such thing) says they have to give you a 2 year warranty. Ignore them - they're talking out of their bottoms.

Fairy nuff. Is it not the case that electrical consumer goods do have to come with a 2 year warranty in EU countries, except UK?

 

[Dave *]

Fairy nuff. Is it not the case that electrical consumer goods do have to come with a 2 year warranty in EU countries, except UK?

No, the EU Directive lays out time in which you can take action with regard to faulty goods (being a minimum of 2 years), it is not a warranty. The UK did not incorporate that part of the Directive as the time period in SoGA is already 5/6 years (depending on location in the UK).

 

[grotty]

No, the EU Directive lays out time in which you can take action with regard to faulty goods (being a minimum of 2 years), it is not a warranty. The UK did not incorporate that part of the Directive as the time period in SoGA is already 5/6 years (depending on location in the UK).

I see. It's interesting though that (as far as i know) some manufacturers decide that the EU directive carries enough weight that they actually give a 2 year warranty in EU countries other than UK.

 

[Dave *]

I see. It's interesting though that (as far as i know) some manufacturers decide that the EU directive carries enough weight that they actually give a 2 year warranty in EU countries other than UK.

I think it's more to do with how the individual countries have worded their versions of the implementation of the Directive, Italy, for example has made it a straightforward warranty requirement.

I suppose if parliament didn't want to annoy big business they could have done the same, rather than the present "prove the fault at your own expense after 6 months" interpretation.

 

[Flightphoto]

Go to the retailer, literally this month my parents' LG American fridge freezer packed up after 16 months, a quick check on the trading standards.gov website showed that the 24 month rule applied as long as you report the fault within 28 days of it occurring, we also phoned them of which you can take the retailer / manufacturer to court should a device not have a fit for use standard of 5 years (it gets more stringent per device, mobile devices like cameras are very particular)
Look at HP and Apple with the GPU chipset issues in the past, people were being granted replacements after 4 years (I was one of Hume and had my 17' replaced as it proved that the device was not fit for purpose)
If it's currys I.e. Part of the Dixon group they are well aware of this rule and will replace / fix it free of charge.

 

[Dave *]

Go to the retailer, literally this month my parents' LG American fridge freezer packed up after 16 months, a quick check on the trading standards.gov website showed that the 24 month rule applied as long as you report the fault within 28 days of it occurring,

If it's currys I.e. Part of the Dixon group they are well aware of this rule and will replace / fix it free of charge.

Please read the thread, there is NO 28 day policy under UK law, there is NO 24 month policy under UK law.

Can I refer you to the last paragraph of post #5 by Frank Hollis.

If you would like to read the actual law, here is a TS site http://www.tradingstandards.gov.uk/cgi-bin/shropshire/con1item.cgi?file=*adv0043-1011.txt

Proving the fault
If you intend to reject the goods for a full refund because you have not accepted them, it is YOU, the consumer, who needs to prove that there has been a breach of contract in that the goods are not of satisfactory quality, fit for purpose or as described at the time of purchase. If you have accepted the goods and are seeking repair or replacement within the first six months after purchase, it is for THE TRADER to prove that the goods conformed to the contract (were not faulty) at the time they were sold to you. If you are claiming repair or replacement more than six months after purchase, the burden of proof is back to YOU, the consumer.

If you are in dispute with the trader, you may need to obtain an expert opinion to establish what the problem is, how it was caused, what it will take to sort out the problem and who is to blame. For more information, check out the 'Getting Evidence to Prove Your Claim' leaflet.

Oh, and if it's DSGi, they are usually very difficult with regard out of warranty defects, not the puppy who just rolls over as you intimate.

 

[wysiwyg]

I may be up the creek in a barb wire canoe, got a feeling I picked it up before Comet went pop...

 

[Dave *]

I may be up the creek in a barb wire canoe, got a feeling I picked it up before Comet went pop...

Oh dear, if it was Comet it is a lost cause.

Might still be worth a bit of research and then a (nice) letter of complaint to someone high up at Canon Europe or UK, let them know what a long time loyal Canon user you are and how disappointed you are it failed in such a short time (and the disappointment that if you had bought Nikon it would still have been under warranty). Might get a goodwill gesture.

 

[wysiwyg]

Let operation brown nose commence.

I'll have to tell them it's either the camera or the kids new shoes...

There may be a Christmas yet tiny Tim!

 

[Dave *]

Let operation brown nose commence.

Board members details are publicly available, I've had good results in the past sending a calm, collected account.

I'm sure they wouldn't want you to consider moving to a Mitsubishi camera, just because it has a 2 year warranty .

 

[Metal God]

Even if the warranty has expired, you still have rights. I've exercised these many times.

On one occasion I had a Nikon scanner replaced 6 months after the warranty expired and a HDD recorder repaired for free nearly a year after the warranty expired.

 

[Paddysnapper]

I have had a Nkon Coolpix 5700 Bridge Camera, circa 2000, who's sensor went belly up in 2010! I rang an approved Nikon repair centre and was told that there was a recall on this camera for Sony sensor problems... The camera was sent to Nikon HQ in England, repaired, cleaned, and serviced. without charge. Returned by courier and covered by short guarantee.... Beat that for service!

 

[srichards]

If it was comet then I'd contact canon elstree and try and get some good will. Mention how disappointed you are that the product has failed so soon and it isn't what you expect from a premium brand. Then go SOGA on their ass. If they still don't play ball mention it on their FB page how disappointed you are that they aren't taking responsibility for such a problem. Adverse publicity works wonders and usually makes them change their mind.

 

[Dave *]

If it was comet then I'd contact canon elstree and try and get some good will. Mention how disappointed you are that the product has failed so soon and it isn't what you expect from a premium brand. Then go SOGA on their ass. If they still don't play ball mention it on their FB page how disappointed you are that they aren't taking responsibility for such a problem. Adverse publicity works wonders and usually makes them change their mind.

What's the point of "going SOGA on their ass"? They have no obligations under SOGA, they will know that and any chance of getting a goodwill repair will go straight out the window the instant you try and threaten them in ignorance.

 

[tijuana taxi]

Be polite and ask Canon at Elstree nicely for a goodwill repair, might get lucky or at least obtain a reduced cost

 

[srichards]

What's the point of "going SOGA on their ass"? They have no obligations under SOGA, they will know that and any chance of getting a goodwill repair will go straight out the window the instant you try and threaten them in ignorance.

That's after they've asked for goodwill. It's my short hand for 'exercising all your legal rights available to you after purchasing faulty goods, which includes SOGA for the retailer and also any Section 72 (oops 75) rights if they bought the camera via credit card, visa with extra purchase protection or on finance. 'SOGA on their ass' is a lot shorter

 

[Dave *]

That's after they've asked for goodwill. It's my short hand for 'exercising all your legal rights available to you after purchasing faulty goods, which includes SOGA for the retailer and also any Section 72 rights if they bought the camera via credit card, visa with extra purchase protection or on finance. 'SOGA on their ass' is a lot shorter

But still incorrect, Canon have no SOGA obligation so it's a pointless exercise that will just annoy them. They also have no liability under Section 75 of the CCA.

It really has to be all honey and smiles, you are trying to persuade them to do something they have no legal obligation to do.

 

[mazdaman]

Below is the MD UK e mail address (I have a link to a website for the CEO of major blue chips in the UK) As I had an issue with broadband with BT several years ago and kept the link http://www.ceoemail.com/

hasse_iwarsson@cuk.canon.co.uk

I have found a polite e mail outlining your issues worked for me with BT problem sorted within a week