Your contract is with the retailer, he will clearly need to deal with the manufacturer/distributor to try and resolve but at the end of the day it is down to him to sort this out to your satisfaction.
Buck stops with the retailer regarding your statutory rights. He'll hope to pass it up the chain but you've got him on satisfactory quality - high end electronics should last a good number of years. You should make it clear to him that should he have no luck with the distributor then you're going after him on the basis of satisfactory quality. It's not 300 quid down the drain.
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Like a previous poster said the 2 year eu warranty is a very grey area - the way I understand it that it's a year on which case the op is out of luck - but this 2 year thing is a get out and if it were me I would appealing on goods not fit for
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Crumbs, MF, that's really bad luck. But as others have said, I'm sure the supplier will try to help. And if not, it wouldn't be crazy to send it back to California for fixing given its tiny size. Realistically, they might throw it away and just give you a replacement at cost or gratis. Good PR, even if bit of a nuisance.
They have a Facebook page, and these often elicit helpful replies if you are nice (which I'm sure you will be!).
I may be mistaken but I think US warranties are only 6 months or something silly like that.
The warranty period is totally irrelevant, a quality piece of electronic equipment should last several years and it would be a very straightforward small claims court job. Hopefully it shouldn't need to come to that if the retailer is reasonable in making good under the terms of the Sale of Goods Act!
The Sale of Goods Act (SOGA) decrees that if a product - be it a DAC or a kettle - fails within six years of its purchase date, then it is "not fit for purpose".
Expiry of the manufacturer's warranty / guarantee is irrelevant because according to SOGA the retailer is resposible for the product that it sold - not the manufacturer.
SOGA allows the retailer one opportunity to repair the product; if this repair 'one-strike' fails, then the retailer must provide / supply the customer with a new replacement.
And, obviously, the customer pays now't
As it stands, it would appear the you have little to lose while a couple of companies have a reputation at stake.
Play it out whilst using a phono connection or the CD player.
Stick to your guns and pursue the retailer for some action. Warranty is over and above your statutory rights, your statutory rights in this case are the Sale of Goods Act. I would suggest that a premium piece of hifi only lasting 369 days is in no way fit for purpose and as such you are entitled to a repair or replacement (regardless of the warranty only being for one year).
This is correct, read the Act online. You are protected and entitled to a repair at least.
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Not exactly. It depends on the product, and whether you would expect it to last for 6 years. You cannot apply the 6-year SOGA limit to spark plugs for example.
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Use the standard letter -
RE: Faulty goods and the Sale of Goods Act 1979 (as amended)
On [date of purchase] I bought a [description of purchase] from you for [insert price] which has stopped working.
The problem is [enter description of fault].
The Sale of Goods Act 1979 (as amended) states that when a consumer buys goods from a trader they must be: as described; of a satisfactory quality; and fit for any purpose made known at the time of sale to the seller.
This legislation also states that the seller, not the manufacturer, is legally obliged to sort out a problem if the goods do not meet these requirements.
The law also says I have six years from the date of purchase to claim damages for faulty goods.
My goods are not [delete as appropriate - as described/fit for purpose/of satisfactory quality] and I wish to claim a [delete as appropriate - repair/replacement/refund] of my goods under the Sale of Goods Act 1979 as amended.
Please respond to my complaint within 7 days from receipt of this letter.
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A lot of misinformation there. In particular, six years is the period for bringing a claim, whereas the law states that a product must be of satisfactory quality, judged by the standards of a reasonable person. So that will be product specific. I imagine a £300 dac would be expected to last for much longer than a year.
For real information, read the act, especially section 14: http://www.legislation.gov.uk/ukpga/1979/54
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They often are, I agree, but my point here was to elicit a goodwill replacement regardless. Posting concens on FB is quite a good way if it is done with care, along the lines of ...'please help, I'm really disappointed...', as opposed to 'you $$**@@, your products are **@@%%".
However, I agree with the thrust of the "fit for purpose" arguments here. You'd expect it to last at least 3 to 5 years.
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From the Which? guide on the Sale of Goods act:
Proving your claim for faulty goods
If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something which was the result of normal wear and tear.
If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them.
For example, by showing that the problem was caused by an external factor such as accidental damage.
Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.
So, you may need to prove that the fault was not down to ordinary wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did.
To do this you may need an expert's report, for example, from an engineer or a mechanic.
Always try to keep the cost of any report proportionate to the value of the claim and, if you can, try to agree on an expert you and the seller both agree has the necessary expertise.
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My advice would be to do what you are doing, but contact HRT directly to make them aware of the situation. Call them, email them, something.
I say this because I have returned many things to many retailers in both the UK and the US. Every single time I returned anything in the UK - even IN warranty - it was a big headache. Lots of conversations about EU law and various Acts and who was at fault etc.
In the US, I have never had a problem returning anything, at any time, for any reason. I was the customer and the customer is always right. I've brought things in YEARS out of warranty, with no receipt, and had them replaced on the spot. As a teenager in Florida, I once went to a big stereo shop and bought a really nice HK double-cassette deck. I then spent a month copying hundreds of tapes, then brought the machine back and said that I wanted to return it because it wasn't high end enough. Two minutes later I walked out with a full refund. (I was young and poor - I am not proud of this and look back with shame - but I did it).
As someone who has lived many years on both sides of the pond, I would just call HRT in California, tell them the machine is on the way from the retailer, and just beg for their help - tell them you can't afford another DAC and to break after 369 days doesn't seem right. I would be SHOCKED if it isn't made right.
I can name a few British retailers of which I have a high opinion, but frankly, the relentlessly horrible customer experience in shops is one of the worst things about day-to-day life here. 'Bad shopping' is hardly a fatal flaw for a country - at least for me - and I can share lots of things I did and did not like about America (the shopping, to no one's surprise I am sure, is an easy A-star). But shopping in Britain sucks and Lord help you if you have a problem.
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Interesting post. It's not the fist time time I've heard that shopping in the USA is a somewhat better experience. I've generally been quite lucky. I bought a Rotel RCD-1072 that's still working fine. It was ex-demo & produced a scraping noise with certain discs. It was returned to Audio T who got it sorted quite quickly.
What gets my back up & has happened twice in the last 18months was being questioned if I was going to buy a product or not. The answer being not now, I ain't - both from fairly reputable dealers. I don't habitually go into shops as a time-waster!
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