Disaster totally gutted - Page 3

netseeker · 03-20-2009, 03:13 AM

Quote:

Originally Posted by pilotbob

Ok, so let's pretend I live in the UK.

I buy a mirror.

I bring it back 3 weeks later and say it is broken now so I want it replaced.
I would of course say that I "did nothing to break it".

Are you going to say that I am entitled to that? Or is it entirely reasonable that glass can break?

BOb

Well, glass is a bad example because it can indeed break due to manufacturing errors, eg. inconstant temperature. I'm pretty sure that screens can also "break" for similiar reasons. But in rtf1976's case it sounds like a damaged screen controller anyway.

HarryT · 03-20-2009, 05:53 AM

Quote:

Originally Posted by tompe

Well, most people do not lie.

Actually, tompe, if you'd ever worked in IT support you'd know that a very large number of people are only too willing to lie. "It's stopped working and I haven't changed a thing!" is an all-too-common refrain. When you question them more closely you find that they've reinstalled Windows, installed half a dozen games they've downloaded from dodgy internet sites, and let their 5 year old child loose on the system unsupervised, but other than that they "haven't changed a thing"

.

Riocaz · 03-20-2009, 11:52 AM

So true Harry, so true.

It should be stressed however we are only going from the inital description of the fault. there is nothing to stop it actually being a broken substrate with an ambiguous description.

But the fact that the rest of the screen was/is working indicates screen controller to me.

I would however go back to the store and speak to the management there pointing out that you sent this back to sony as per the instruction from their staffmembers. However you have since discovered that legally they should have dealt with is as the contract was between you and them.

--edit: Having reread the original post there was nothing to suggest rtf1976 went to waterstones initally. As such you should only go to WS if you were in fact advised to goto Sony by them.

And I should re-read things rather than go by memory.

tompe · 03-20-2009, 11:58 AM

Quote:

Originally Posted by HarryT

Actually, tompe, if you'd ever worked in IT support you'd know that a very large number of people are only too willing to lie. "It's stopped working and I haven't changed a thing!" is an all-too-common refrain. When you question them more closely you find that they've reinstalled Windows, installed half a dozen games they've downloaded from dodgy internet sites, and let their 5 year old child loose on the system unsupervised, but other than that they "haven't changed a thing"

.

Yes, when you questioned them closely they remebered or corrected the story. So they did not persist in giving wrong information. Kind of support for my point.

tompe · 03-20-2009, 12:01 PM

Quote:

Originally Posted by pilotbob

My "point" is that a cracked glass screen on a portable device is most probably NOT a manufacturing fault or defect.

Then the seller has just to show that in a convincing way for the specific case. So what is the problem? There are procedures for resolving these kind of conflicts.

Croker · 03-20-2009, 03:07 PM

Quote:

Originally Posted by pilotbob

Ok, so let's pretend I live in the UK.

I buy a mirror.

I bring it back 3 weeks later and say it is broken now so I want it replaced.
I would of course say that I "did nothing to break it".

Are you going to say that I am entitled to that? Or is it entirely reasonable that glass can break?

BOb

Come on, Bob, I understand that you're trying to make a point but the hypothetical situation you're describing is a bit of stretch.

However, from a legal point of view (AIUI), then yes, you would be perfectly entitled to do that. However, the seller would be perfectly entitled to refuse your claim and state that the mirror had broken due to your negligence.

Quote:

Originally Posted by pilotbob

My "point" is that a cracked glass screen on a portable device is most probably NOT a manufacturing fault or defect. So, even if it is the retailer responsibility to deal with issues for a "reasonable time".. that doesn't make a broken piece of glass a warranted item.

There's an easy solution for the retailer, though, as I outlined in response to your "mirror scenario" above. If Waterstone's are so certain that it is not an inherent fault with the Reader (i.e. that it has been damaged through user negligence, or suchlike), then they can refuse to repair or replace the item, giving their reasons why. If the OP disagreed with their assertions, they could then take Waterstone's to the Small Claims court in an attempt to obtain a repair/replacement and any applicable damages.

Out of interest, what do you think has caused the OP's problem, if you're so sure that it isn't a manufacturing fault or defect?

Quote:

Originally Posted by pilotbob

Even if it is, it would be very hard to prove this is so and would probably take a class action lawsuit to resolve.

Perhaps in US law it would. The buyer can go to the Small Claims court in the UK, which is a lot more straightforward process and designed to deal with cases such as this - people can and regularly do successfully contest cases at the Small Claims court without any sort of legal representation.

All due respect to our colonial brothers and sisters

, but there's no way I'd swap my consumer rights in the UK for the ones available in the US.

Hope this helps to clarify the situation!

rtf1976 · 03-30-2009, 03:39 PM

UPDATE:- Received a phone call fom Sony and I have to hand it to them they have agreed to repair or replace my reader under warranty.

I am extremely grateful and happy that Sony have decided to do this but am a little concerned that their initial response was basically "give us money to fix it"

Restored a little faith in Sony after sale care but I guess it takes you to find the right person who wants to help you.

Ps Would it be really cheeky of me to ask if they cant repair it and are going to replace it "Can I have a red one please?"

03-20-2009, 11:52 AM	#33
Riocaz Fulfilled but not by iRex Posts: 932 Karma: 286846 Join Date: May 2006 Location: London Device: Far too many	So true Harry, so true. It should be stressed however we are only going from the inital description of the fault. there is nothing to stop it actually being a broken substrate with an ambiguous description. But the fact that the rest of the screen was/is working indicates screen controller to me. I would however go back to the store and speak to the management there pointing out that you sent this back to sony as per the instruction from their staffmembers. However you have since discovered that legally they should have dealt with is as the contract was between you and them. --edit: Having reread the original post there was nothing to suggest rtf1976 went to waterstones initally. As such you should only go to WS if you were in fact advised to goto Sony by them. And I should re-read things rather than go by memory. Last edited by Riocaz; 03-20-2009 at 12:05 PM.

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03-30-2009, 03:39 PM	#37
rtf1976 Member Posts: 11 Karma: 10 Join Date: Mar 2009 Device: Sony Reader	UPDATE:- Received a phone call fom Sony and I have to hand it to them they have agreed to repair or replace my reader under warranty. I am extremely grateful and happy that Sony have decided to do this but am a little concerned that their initial response was basically "give us money to fix it" Restored a little faith in Sony after sale care but I guess it takes you to find the right person who wants to help you. Ps Would it be really cheeky of me to ask if they cant repair it and are going to replace it "Can I have a red one please?"

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