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Faulty Goods Replaced: Do I Get a New Warranty?

By: Lorna Elliott LLB (hons), Barrister - Updated: 28 Nov 2012 |
Refund Goods Warranty Guarantee Purchase

When you purchase goods, you are sometimes given a guarantee or warranty which accompanies the purchase. Generally, guarantees are free whereas warranties are not. On other occasions you may need to pay extra to have an extended warranty, sometimes known as a service agreement, which must be advertised as a separate cost alongside the purchase price of the item. All guarantees and warranties have terms and conditions attached to them so in the event of a problem, this document should be your first port of call.

When Things Go Wrong

Guarantees and warranties can offer extra protection to consumers over and above their existing statutory rights. This may be advantageous if, for instance, your consumer rights no longer apply to the transaction. Similarly, if the shop or company from which you bought the item is no longer in business or is refusing to help you can still claim on the warranty, which can be very useful. However, if you are considering taking out an extended warranty or service agreement, it is always wise to check what it is you are actually covered for. If the warranty is not underwritten by an insurance company, you may not be able to claim if the manufacturer subsequently goes out of business.

Replacement Goods

Uncertainty sometimes arises when a product is replaced under a warranty. This does not mean that you receive a new warranty when you receive a replacement. In essence the contract that you make at the time of sale, which includes the warranty, is formed at the time when you paid the money. Issuing a replacement is something that occurs under the original agreement. It does not mean that you receive a new warranty. Therefore, it is important to be aware that your original warranty will expire on the original purchase, rather than the clock being re-set on the warranty at the time when your item is replaced.

Refunds for Warranties

It is possible to get a refund on a warranty but you must contact the retailer within 45 days of the purchase of the item. If you do so within this timescale you will be refunded the cost of your warranty as long as you have not made a claim under it. There is no way around this right to refund and traders must comply – it’s the law. If you have had to make a claim under your warranty, it is still possible to claim a partial refund. This will be calculated on a pro-rata basis up until the time when the service agreement ends.

Guarantees and the Law

If your free guarantee for goods was issued on or after 31st March 2003 it is legally binding. This means that you will have extra rights against the seller in addition to those required by law. However, in order to prove that you have such a guarantee it is necessary to prove that the guarantee was issued to you as part of your contract with the supplier, i.e. it is clearly set out as part of the terms and conditions of sale. Always check the terms of your guarantee, warranty or service agreement so that you know what you can, and can’t , claim for in the event of a problem.

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