Camcorder - Sale of goods etc

[Avatar]

Hi,

Bought a canon camcorder off amazon in September 08.

It decided it wasnt going to power up off the mains unit anymore early May.
Contacted Amazon, they said: "This has got absolutely nothing to do with us, suggest you contact canon direct" and gave me details.
Contacted canon.
They said please send to us at Elstree.
Sent it off at my own expense. Came back a week or so later marked "No Fault found - please check ac adapter"
I only have the one adapter unsurprisingly. Sent that back at my own expense
and got a new one sent back a week later. Cam now powered up but batteries still wouldnt charge. Rang them up again, they sent me UPS label and asked me to send the camcorder back again for repair. It went back a week ago Friday.
Heard nothing since.

At what point can I tell 'em Ive had enough and to either send me a new model or refund my money? Its been 8 weeks now without a usable unit.

Cheers

[padanarm]

Sounds like you're trying to get a repair under manufacturer's warranty or guarantee. That's got nothing to do with the Sale of Goods Act.

Who did you buy the item from - Canon, Amazon or a marketplace trader? If a trader, were they an individual or a company? Was it new or second-hand?

As I understand it, if goods are faulty you have the right to choose to have it replaced, have it repaired, or get a refund from the seller. Any warranty or guarantee provided by the manufacturer is in addition to your consumer rights.

If the goods were second-hand or the seller was an individual you'll have very few rights.

[saffyjoonam]

Under UK case law the manufacturer, Canon, owe you, the consumer, a duty of care - therefore, the goods its supplies to the ultimate consumer (you) should be of a certain standard. So, Amazon is right, it hasn't got much to do with them. If I was you I would telephone/contact Canon again and threaten to contact the 'Trading Ombudsman' if they don't sort it out swiftish. That tends to move things along nicely. Or, you could actually contact the ombudsman and ask their advice, they're pretty damn helpful!
Best of luck.

[factor-fiction]

Is that right, saffyjoonam. Certainly under the Sale of Goods Act ithe rsponsibility lies with the supplier not the manufacturer.

Here is what one trusted site says:

When it comes to complaining about faulty goods, the Sale of Goods Act 1979 is quite specific. It deems that goods must be safe, fit the description that's given of them and be both of "satisfactory" quality and fit for the purpose for which they're intended. If they have to be installed or assembled, there should be adequate instructions. Finally, if you're shown a sample first, what you're sold must match that sample.

It's worth noting that responsibility lies with the retailer, not the manufacturer. Under the law, "retailer" is any non-private seller - even retail web sites are included.

[Avatar]

Thanks for the replies. It was a brand new Camcorder and I cant remember if it was direct from Amazon or one of their sub sellers.
The day I poste dthis I got an email form Canon telling me the repair had been doen and the unit was on its way back.
If its still knackered now I will be wanting money back I think so the ombudsman could be a good call.

[Gmcd01]

Padanarm is correct in that if you want a replacement under the warranty, that's not a Sale of Goods Act (SoGA) issue.
However, if you did buy the camera new, and you bought it as a consumer (i.e.: not for a business or in connection with business), then Saffyjoonam is wrong and SoGa may be applicable.
If the goods aren't 'right' at the time of the purchase (the act allows a 6 month period for things to go wrong), then it is the SELLER who is liable to effect the remedy. See the act here:
http://www.johnantell.co.uk/SOGA1979.htm
Scroll down to section 48A and start reading from there. It tells you all about what remedies you have and may request of the seller, and what conditions must be satisfied for a remedy to be applied.