LEGAL ADVICE PLEASE!!! ?

i bought 3 dvd players for a large super store and evey single one has stopped working, the store say they are no longer under warranty as it was a year and a half since i bought them, they have not been mis used in any way but i have mis placed the receipts, for the money i paid i expect more than a year and a half out of them, do i stand any chance of getting a replacement??? i could accept one going wrong but 3???LEGAL ADVICE PLEASE!!! ?
wat store?LEGAL ADVICE PLEASE!!! ?
Hi there,





You stand on tenuous legal ground. In general the rule in law is that a delay defeats any claim to legal rights. Thus leaving it 1.5 years to seek recompense is too long. Walsh-v-Lonsdale is the case which set this rule down. However, sale of goods law is slightly in your favour if you can prove that the items had an inherent defect, which would not come to light upon physical inspection, and only reveal itself to you after some duration of use. The law says that goods must be of satisfactory quality. Satisfaftory to whom, well-- the customer. This differs from old law, which stated that the goods must be of merchantable quality, that is fit for sale. Thus, the law is stronger in favour of the consumer, as if the consumer is not satisfied, even though the goods are of saleable quality, then he/she may return them.





What you do not specify is whether or not the dvd players are replacements. If any of the DVD players are replacements then you have sought to assert your legal rights by getting a replacement and have not delayed in the rule in Lonsdale.





If not, then you must hope that the DVD players were inherently defective, otherwise you have waited too long to seek recourse to law. Eventually, however, it is the retailer themselves who decides if goods are inherently faulty and that is the reality of the situation.





Kind regards





Michael Cavanagh


London England
If they had lasted longer than you expected, would you insist on giving more money to the store? A contract for the sale of goods does not include a lifetime warranty. You bought a more limited warranty. If you wanted a lifetime warranty, you should have gone to a store that would offer such a warranty (with an appropriate increase in the price).
They probably had a 6 month of 1 yr warranty on them. If I purchased something 18 months ago and it stopped working, I wouldn't be too upset. That is a long length of time...a couple months maybe, but over a year? Ahh... You can contact the manufacturer, but I don't think you have a good chance of getting anything. Somethings just don't last.
You need a reciept as proof of purchase...


But if i were you...id write to the manufacturers...even though your not meant to do this the shop doesnt have to give you your money back and therefore probably won't...





And yes there is obviosly a fault in the dvds...but if its outlived its warranty then your legally entitled to nothing...





As i say with alot of my questions don't take my word as gospel...i only did my junior cert in business...and thats what we were taught! :)
18 months? Not a prayer at the store; even with a reciept. Try the manufacturer; they may swap you 3 dead ones for one live one.
I would contact the manufacturer although they are not legally obliged to do anything they just might as a gesture of good will.
If they're out of warranty how long did you expect them to last?





Under UK law there isn't much that can be done after that length of time
Well you could contact the manufacture or the company who ,makes them and see what they can do.
one word: ebay
The basis of an A must be how much did you pay, what was the quality compared to other similar products and what is a reasonable user life to expect for the products you purchased. I'll assume you are in the UK for my answer.





Clearly some products have a limited life expectancy but you might have some rights up to 6 yrs although I expect that is an extreme limit for your items.





Whatever your rights, your contract is with the store not the manf. You do not need your receipt, only some suitable proof of purchase which could be credit/ debit card statements etc.





Since it is over 6months the burden is now with you ( its called the reverse burden of proof ) to prove the products were faulty and not fit for purpose, to do that you need some indication of what the fault is .. how did you come to buy 3 ?, at the same time ? all have gone wrong ? this could indicate a faulty batch or something you are doing wrong ? This is slightly puzzling.





Your entitlement to 'damages/ compensation' now depends. You need to now give the store a reasonable chance to see what the problem is, perhaps offer you a repair, part replacement / refund, etc all on a sensible view of the use you have so far had, the products life span etc. The store must however do these things without undue inconvenience to you. What is fair %26amp; reasonable must be judged on a case by case basis.





If you want more advice, use this as a basis of understanding, and contact your local council trading standards / consumer protection dept.





Edit: I respectfully disagree with Michael C. I do not see that Walsh v Lonsdale - a land law case and failed transaction principles involving legal and equitable rights have any relevance to this at all .. you have not delayed your legal rights because any rights you have last for up to 6 yrs.and therefore have no need to seek or depend upon equity - a legal term best and crudely explained as appealing to someone for 'fair play' to put you in the same position as you would have been when your legal rights have expired or no longer exist.


Your rights centre upon the goods being 'fit for the purpose' for which they were sold 'and of satisfactory quality' - this includes durability. Put it like this, a sieve may be of superb quality but if it was sold to you for you to carry water in it would clearly not be fit for the purpose for which it was sold.Equally a bucket which gradually disolved when water was put in it would not be of a satisfactory quality. So having been sold a dvd player the bottom line is how long could they reasonably and normally be expected to last ? The durability question. The store warranty might be a reasonable indicator of expected life but equally it may not. Any store or manf. warranty can not limit or exclude your statutory rights given to you by the various legislation I have refered to. For up to six years after purchase, 5 yrs after discovery in Scotland, you may ( but not automatically ) be entitled to damages for goods which haven't lasted a reasonable length of time.