Edge 500 Nightmare

seanorawe

I was out last night and I went over a pot hole and the edge 500 developed a huge ink blemish on the screen and I can see nothing else. Its wierd, there is a faint crack on the inside of the screen but not on the outside of it. Anyway, I rang garmin after holding for half an hour on a 0870 mumber, for the girl to tell me its not covered under warrenty and it will cost 68 quid to get it replaced. I argued a little to no avail. I have to pay. After searching for other people similar poroblems, i dont understand how they got a replacement under the warrenty

seanorawe

On that note, is there such thing as Edge 500 insurance that does cover this kind of damage?

Mdins

I've just had my 500 replaced as it wouldn't switch on after the first use. Went back through the retailer though, not Garmin, in this case via Amazon. Worth a try for you maybe?

VTech

They legally have to replace within 2 years if damage occurs through fair wear and tear, thats the law.

Often companies will argue the toss hoping that 6 in ten will walk but as I said, law is law and your covered.

Tell them that you have spoken with citizens advice who insist you should be covered under the fair wear and tear policy of consumer rights and see what they say.

johngti

VTech wrote:

They legally have to replace within 2 years if damage occurs through fair wear and tear, thats the law.

Often companies will argue the toss hoping that 6 in ten will walk but as I said, law is law and your covered.

Tell them that you have spoken with citizens advice who insist you should be covered under the fair wear and tear policy of consumer rights and see what they say.

+1

I'd be saying that its not unreasonable to expect to ride over lumps, bumps and potholes so the damage to yours should be repaired under warranty.

seanorawe

Ill give it a try. Cheers

VTech

seanorawe wrote:

Ill give it a try. Cheers

Dont try, its law.
You MUST stand your ground, items must be fit for purpose, the outcome of you making a legal claim would be that Garmin, at their cost would have to test many devices to see if they can replicate the problem, if they can (and as you said, others on the net have had similar issues) they would legally have to offer a recall costing quite a considerable sum.

You only want a working device after all !

MattC59

Fair wear and tear only applies during the warranty period, which I believe for an Edge500 is one year.

If you're within this warranty period, then you're fine to claim as fair wear and tear, outside this, then you might have to go for the repair charge.

VTech

MattC59 wrote:

Fair wear and tear only applies during the warranty period, which I believe for an Edge500 is one year.

If you're within this warranty period, then you're fine to claim as fair wear and tear, outside this, then you might have to go for the repair charge.

This is not the law within the UK, its close to folklaw but warranty is 2 years within the UK.
Also, an item has to be fit for purpose, this is not legally locked to warranty period.

seanorawe

It is within warranty

VTech

A snippit,
I only found this out after my iphone broke and they (o2) wanted £399 for a new one, we spend over £4k a month with them and there is no way im going to pay for a phone in order to run up more costs that I have to pay for.
Needless to say, with the info below the phone was replaced within 48 hours.

---

Following the letter last week about John Lewis not responding to a claim under its "never knowingly undersold" policy, one question springs to mind. I thought all electrical goods now come with a two-year guarantee under EU rules.

If so, surely that means John Lewis should be offering your writer the difference in the price – or perhaps other rival stores are not complying with EU regulations? HR, Llangeitho, Ceredigion

Yours was one of a number of letters we received making this point, so we thought it would be a good opportunity to clarify the rules. The European Directive 1999/44/EC says all EU countries have to ensure a retailer could be held liable for all "non-conformities" which manifest within two years from delivery.

However, because the Sale of Goods Act (SOGA) meets or exceeds most of the directive's requirements, this overrides the EU directive. The act requires three things: the goods must be as described; they must be of satisfactory quality, which is determined by description, price, durability, freedom from minor defects; and they must be fit for purpose.

Because manufacturers tend to give one year's warranty on goods, retailers will usually push you in their direction if the product breaks inside the first year.

However, SOGA provides cover for goods bought for up to six years – in England and Wales. This means if a TV fails after 13 months, you still have rights. Assuming the item has failed through no fault of yours, and it was "reasonable" to expect it to last longer – given its cost/quality – you should demand, under the Sale of Goods Act, that it be replaced or repaired by the retailed, not the manufacturer. Once the item is six months old, the onus is on you, the consumer, to show the item failed as a result of a manufacturing fault.

MattC59

seanorawe wrote:

It is within warranty

You should be laughing then, keep on at them.

seanorawe

Update

I rang back and the dude just kept repeating himself, Our warrenty states............. Bla Bla Bla

when I said its the law and im sure the court follows through on its own law. He said if you want to go down that route, its up to me. However they are going to look at the 500 to see if it is infact an actual manufacturing problem. Im fully expecting them to get back to me saying it was caused by accidental impact. Which it wasnt. Im an honest person.

VTech

He is only telling you what he is told to say, its quite normal.
Remember to keep calm even when they really pi55 you off, I have my secretary looking for the exact link you need to email them reminding them of Uk and EU law.

gloomyandy

Did you buy the 500 direct from Garmin? If not shouldn't you be talking the shop or whatever you did buy it from? I'm pretty sure the sale of goods act applies to the place you purchased it from not the actual manufacturer.

VTech

I wont be making her redundant this month

http://www.thisismoney.co.uk/money/bill ... U-law.html

This is the EU derivative, no retailer can argue with these;

http://www.eccnl.eu/page/en/themes/kopen-in-de-eu

smidsy

VTech wrote:

Once the item is six months old, the onus is on you, the consumer, to show the item failed as a result of a manufacturing fault.

There in lies the problem. How do you do this convincingly?

gloomyandy

The links that VTech has provided says that under EU law the customer does not have to show that there is a manufacturing fault if the fault occurs within 2 years (actually it is more complex than that, go read it for yourself!)... However all of this stuff still relates to you and the retailer not the manufacturer...

seanorawe

Thanks for linksd and advice

I have printed and highlighted what I needed from it and have sent them along with the edge to Garmin.

I bought the item form Handtec, and they have emailed to say they are not responsible for the replacement