Have your say & ask the experts!

Analogue Seduction: issue resolved

45 replies [Last post]
MajorFubar's picture
Online
Joined: 3 Mar 2010
Posts: 3135

Some of you may remember that last week I returned my 369 day old HRT Steamer II+ to the retailer I purchased it from, Analogue Seduction, because it was faulty.  I have been dealing with Gary Penska their MD.

I told them that I wasn't happy that a product one year and four days old had developed a fault (RH channel very low).

They have been in touch with HRT who say that it needs a new motherboard at a cost of £175 incl labour and VAT.

Alternatively I can take-up Analogue Seduction's offer of a brand new HRT II+ at £209.99 instead of £299.99.

Analogue Seduction are refusing to replace my HRT II+ or repair it even though I've told them they have an obligation to do so under the Sales of Goods Act, which clearly states that a product should last 'a reasonable amount of time' and be of 'satisfactory quality'.  In fact in England 'reasonable amount of time' can be as much as six years, obviously with some discretion based on what the product is.  I think we all agree I have a right to have a £300.00 DAC repaired/replaced at just 369 days old and I think I very clearly I have a case.

I wonder if staff at WHFSV would care to make a news item out of this. Or even call AS.

Please be my guest.

UPDATE POSTED BY MODS 30.03.13 – issue has now been resolved. See below:

Thank you for bringing all the links to our attention. We are extremely disappointed in the outcome ourselves, we would have liked to have seen HRT repair or replace the unit for you at no cost to yourself and indeed to us.

As I'm sure you will understand we are at the mercy of the manufacturer, if we had this situation constantly when a product is out of its warranty and repaired or replaced products free of charge outside the warranty period this would have a negative impact on us as a business, as I'm sure you understand.

We do not wish to upset any of our customers and always want to support them at all costs so they return to us in the future. We are going to send you a new unit at our cost and we are taking up this matter further with HRT. I trust this is to your satisfaction, if you have any further questions please do not hesitate to contact me.

Kind regards

Gary

Director, Analogue Seduction

__________________

Main system: Mac Mini 2011 • HRT II+ DAC • Lacie 3TB Cloudbox NAS • Marantz PM66 KI • EB Acoustics EB2

In storage: Thorens TD160 (no cart) • Cyrus 2 + PSX • Cyrus tuner • Technics SL-P777 • Marantz CD63KIS • Nakamichi DR-1

MajorFubar's picture
Online
Joined: 3 Mar 2010
Posts: 3135
RE: Analogue Seduction: issue resolved

I have given them notice that I am exercising my rights under the Sales of Goods Act to reject the item as not being of "satisfactory quality". I have explained hat I would like to have it repaired or replaced. I have further advised that if they fail to accept my demands within 14 days of the email, I will seek advice regarding starting proceedings to recover my losses in a Small Claims Court.

__________________

Main system: Mac Mini 2011 • HRT II+ DAC • Lacie 3TB Cloudbox NAS • Marantz PM66 KI • EB Acoustics EB2

In storage: Thorens TD160 (no cart) • Cyrus 2 + PSX • Cyrus tuner • Technics SL-P777 • Marantz CD63KIS • Nakamichi DR-1

GSB
GSB's picture
Offline
Joined: 27 Mar 2011
Posts: 1353
RE: Analogue Seduction won't play ball

FWIW major i would call the local trading standards,you will knoe exactly where you stand then.

__________________

PanasonicTX-P46GT30B..Yamaha RX-A1010...Music Fidelity M3i...OPPO105EU...KEFR100/R200C/3001SE/HTB2SE...SkyHD2TB...QED Copper Speaker Cable /HDMI/Analogue...PS3...IPAD2

MajorFubar's picture
Online
Joined: 3 Mar 2010
Posts: 3135
RE: Analogue Seduction won't play ball

Bad time unfortunately GSB, everything's shut for easter, and I cannot let grass grow under my feet with this now, though I have changed my email to say 'seek advice from Trading Standards" and not Small Claims Court, because Trading Standards will be my first stop.

__________________

Main system: Mac Mini 2011 • HRT II+ DAC • Lacie 3TB Cloudbox NAS • Marantz PM66 KI • EB Acoustics EB2

In storage: Thorens TD160 (no cart) • Cyrus 2 + PSX • Cyrus tuner • Technics SL-P777 • Marantz CD63KIS • Nakamichi DR-1

nopiano's picture
Offline
Joined: 15 Feb 2009
Posts: 1060
RE: Analogue Seduction won't play ball

I wonder have you emailed California, where HRT are based, as some of us suggested?  And Facebook is open for Easter...

https://www.facebook.com/HighResTech

__________________

Hi-Fi: Krell KAV-300cd, Michell TecnoDec/RB250/Grado Prestige Black1, KAV-300i amp, Transparent balanced interconnects and bi-wire to Sonus faber Concerto grand piano speakers, Nakamichi ZX-7 cassette deck, Logitech Squeezebox Touch, Hitachi FT-5500 and Sony S570ES tuners, BCD Engineering stand, RA Powerlink, Chord powerchord, Grado SR60i cans.

AV: Sony Bravia KDL-32EX503 telly, BDP-S370 player with QED HDMI. Currently unused: Denon AVR-1705, DVD-1710, KEF KHT1005.2 

GSB
GSB's picture
Offline
Joined: 27 Mar 2011
Posts: 1353
RE: Analogue Seduction won't play ball

Heres hoping you get a favourable decision mate Smile

__________________

PanasonicTX-P46GT30B..Yamaha RX-A1010...Music Fidelity M3i...OPPO105EU...KEFR100/R200C/3001SE/HTB2SE...SkyHD2TB...QED Copper Speaker Cable /HDMI/Analogue...PS3...IPAD2

MajorFubar's picture
Online
Joined: 3 Mar 2010
Posts: 3135
RE: Analogue Seduction won't play ball

Me too!

nopiano wrote:

I wonder have you emailed California, where HRT are based, as some of us suggested?  And Facebook is open for Easter...

https://www.facebook.com/HighResTech

 

Hi nopiano, no I didn't, not as of yet, partly because A.S. said they would be contacting HRT in any case (which it appears they have done) and partly because the law says my grievance is with the retailer, not the manufacturer or distributor, and I didn't want to complicate matters by firing emails off to both the retailer and the manufacturer.

__________________

Main system: Mac Mini 2011 • HRT II+ DAC • Lacie 3TB Cloudbox NAS • Marantz PM66 KI • EB Acoustics EB2

In storage: Thorens TD160 (no cart) • Cyrus 2 + PSX • Cyrus tuner • Technics SL-P777 • Marantz CD63KIS • Nakamichi DR-1

nopiano's picture
Offline
Joined: 15 Feb 2009
Posts: 1060
RE: Analogue Seduction won't play ball

Fair enough, Major, it is just that I am awfully tempted to pop a post on their fb page congratulating them on a great review and linking to this thread to highlight that they have a UK customer who needs a bit of PR nous. 

Let's give it few more days?

__________________

Hi-Fi: Krell KAV-300cd, Michell TecnoDec/RB250/Grado Prestige Black1, KAV-300i amp, Transparent balanced interconnects and bi-wire to Sonus faber Concerto grand piano speakers, Nakamichi ZX-7 cassette deck, Logitech Squeezebox Touch, Hitachi FT-5500 and Sony S570ES tuners, BCD Engineering stand, RA Powerlink, Chord powerchord, Grado SR60i cans.

AV: Sony Bravia KDL-32EX503 telly, BDP-S370 player with QED HDMI. Currently unused: Denon AVR-1705, DVD-1710, KEF KHT1005.2 

MajorFubar's picture
Online
Joined: 3 Mar 2010
Posts: 3135
RE: Analogue Seduction won't play ball

Indeed.  Well the email to A.S. is on its way now.  Part of me reluctantly sees it A.S's way: they've clearly not set up a good enough customer-supplier arrangement with HRT, who are (apparently) refusing to replace an item which went faulty four days out of warranty. This could well be within their legal rights in their native territory.  But that's A.S's fault for not having a good enough contract with HRT that underpins and supports A.S.'s obligations in this country.

__________________

Main system: Mac Mini 2011 • HRT II+ DAC • Lacie 3TB Cloudbox NAS • Marantz PM66 KI • EB Acoustics EB2

In storage: Thorens TD160 (no cart) • Cyrus 2 + PSX • Cyrus tuner • Technics SL-P777 • Marantz CD63KIS • Nakamichi DR-1

CnoEvil's picture
Offline
Joined: 21 Aug 2009
Posts: 11422
RE: Analogue Seduction won't play ball

Sorry to hear that.

I've dealt with Gary before, and he was most helpful........though I wasn't making a claim.

Hope you get a satisfactory outcome.

__________________

"Everything has been said before, but since nobody listens we have to keep going back and beginning all over again."  André Gide

cloverleaf146's picture
Offline
Joined: 24 Nov 2007
Posts: 170
RE:

At just 4 days out of warranty, the retailer should really be treating it as a replacement or free repair, in the intrests of good customer service and PR. Legally unfortunately, they are not obliged to. You are correct that your contract is with the retailer, not the manufacturer, so it is them you need to deal with.

Having said that, the offer of 100 quid off a new one is a start, and if it was me I would try and negotiate on this front; what would you be prepared to accept ? 50% off ? If they are not prepared to shift from their current position however, I dont think you will find Trading Standards particularly helpful. Your only other option is to issue Small Claims Court proceedings, which you can do online, and the last time I did it cost about 60 quid; the costs obviously form part of your claim against them.

Often when the court paperwork hits their desk it "focuses the mind" so to speak, and when they start looking at paying costs plus interest on top of your claim, they are often willing to take a different approach to resolving the issue. 

__________________

Panasonic VT50B / Pioneer VSX- LX55 / SKY+ HD 2TB / Sony BD370 / Tannoy Arena 5.1 / Dual CS506 / Isotek MIRA / QED Cables

bigboss's picture
Online
Joined: 25 Mar 2009
Posts: 11809
RE: Analogue Seduction won't play ball

It's actually illegal to not honour Sale of Goods Act. Hopefully Analogue Seduction sees sense & acts in your favour. What Hi Fi is one of the most popular forums, & it won't do Analogue Seduction any favours if it gets bad publicity. I'll be watching this thread with interest.

__________________

My Home Cinema  Pioneer KRP 500A, Yamaha RX-V1900, MA Radius R225HD LCR, R90HD rears, AW12 sub, Panasonic BD60, PS3, Boxee Box, Sky HD, Boxee Box, Logitech Harmony One, Logitech PS3 Adapter, Sonos ZP90

Bedroom Samsung UE32C6510, PS3 slim white, Apple TV, Sonos S5, Sonos ZP90, Audioengine 2, Oppo OPDV971H

Miscellaneous: Synology DS212J + 2 X WD Red 2TB drives, WD 1TB NAS, Sonos ZoneBridge, BT HH3 as modem & AirPort Extreme router

bigboss's picture
Online
Joined: 25 Mar 2009
Posts: 11809
RE: Analogue Seduction won't play ball

Going to a small claims court is easy, and it is extremely likely that they will rule in your favour. So just follow the right steps. Stay calm throughout your dealings with Analogue Seduction.

__________________

My Home Cinema  Pioneer KRP 500A, Yamaha RX-V1900, MA Radius R225HD LCR, R90HD rears, AW12 sub, Panasonic BD60, PS3, Boxee Box, Sky HD, Boxee Box, Logitech Harmony One, Logitech PS3 Adapter, Sonos ZP90

Bedroom Samsung UE32C6510, PS3 slim white, Apple TV, Sonos S5, Sonos ZP90, Audioengine 2, Oppo OPDV971H

Miscellaneous: Synology DS212J + 2 X WD Red 2TB drives, WD 1TB NAS, Sonos ZoneBridge, BT HH3 as modem & AirPort Extreme router

MajorFubar's picture
Online
Joined: 3 Mar 2010
Posts: 3135
RE: Analogue Seduction won't play ball

Thanks. I have given them written notice (by email) that I am exercising my rights as detailed in the Sale of Goods Act to reject the item as not being of satisfactory quality. I've even forwarded links they can look at online, specifically

http://www.lawontheweb.co.uk/Consumer_Rights/Faulty_Goods

and

http://sogahub.tradingstandards.gov.uk/sogaexplained

...both of which outline their obligation as a retailer and my expectation as a customer. Even so, as it stands they refuse to accept I have a claim above and beyond the manufacturer's warranty. Previously when I told them I would have a right to recompense through a small claims court, Gary replied by saying that he would not be bullied or intimidated by threats of court.action. Not bullying at all, just pointing out my rights. If anyone's using bullying tactics, it's him by refusing to acknowledge his obligations under the Sale of Goods Act. It's not my fault he doesn't understand them or seems to feel they don't apply to him.

__________________

Main system: Mac Mini 2011 • HRT II+ DAC • Lacie 3TB Cloudbox NAS • Marantz PM66 KI • EB Acoustics EB2

In storage: Thorens TD160 (no cart) • Cyrus 2 + PSX • Cyrus tuner • Technics SL-P777 • Marantz CD63KIS • Nakamichi DR-1

relocated's picture
Offline
Joined: 20 Jan 2012
Posts: 965
RE: Analogue Seduction won't play ball

As has already been said, Major, just keep calm, nothing will happen overnight [ unless the retailer comes to his senses] but YOU WILL PREVAIL.

The only bully in this sorry tale is the retailer and I trust that as many potential customers read your thread and steer clear of them.  You would think that retailers in this sector realise that hifi is a family and bad news travels a long way.

There is no accounting for stupidity though.

Best of luck, I will be pleased to hear of your final victory.    read this

__________________

Apple Lossless - ATV3 - AVI ADM 40  also ATV3 into AVI ADM 9T [my wife's system]

and Grado SR80i

BenLaw's picture
Offline
Joined: 21 Nov 2010
Posts: 5914
RE: Analogue Seduction won't play ball

MajorFubar wrote:

Thanks. I have given them written notice (by email) that I am exercising my rights as detailed in the Sale of Goods Act to reject the item as not being of satisfactory quality. I've even forwarded links they can look at online, specifically

http://www.lawontheweb.co.uk/Consumer_Rights/Faulty_Goods

and

http://sogahub.tradingstandards.gov.uk/sogaexplained

...both of which outline their obligation as a retailer and my expectation as a customer. Even so, as it stands they refuse to accept I have a claim above and beyond the manufacturer's warranty. Previously when I told them I would have a right to recompense through a small claims court, Gary replied by saying that he would not be bullied or intimidated by threats of court.action. Not bullying at all, just pointing out my rights. If anyone's using bullying tactics, it's him by refusing to acknowledge his obligations under the Sale of Goods Act. It's not my fault he doesn't understand them or seems to feel they don't apply to him.

 

Personally I would write another email so that your last paragraph is recorded in correspondence. Ie that they have claimed it is bullying and you are making it clear you are simply enforcing your statutory rights. I would also ask them on what grounds they say you are not entitled to a repair / replacement. Any outcome is useful, be it no response at all, an indication of misunderstanding of the applicability of the law or a claim from them that they expect the dac only to function for a year or less. 

__________________

HiFi   /   A/V   /   Bedroom