Forgive me if this has been done before.

I have a Garmin 810 that I bought at the start of July last year and the screen is delaminating. The LBS I bought it from is now out of business so I have contacted Garmin direct about getting it fixed/replaced.

Garmin are offering me a paid for warranty so there are not being unreasonable. BUT if they are obliged to repair/replace it for free under UK consumer law then obviously I don’t want to pay if I don’t have to. I was under the impression (and I may be wrong) that within the UK the minimum guarantee period is now 2 years.

Does anybody know where I stand?

Thanks

You bought it from the shop and as such your warranty was from them, not Garmin. I can’t see that Garmin would be obligated to offer a warranty unless that’s specifically stated anywhere.

That said of course it sounds like they’re playing fair in supporting you to a reasonable level.

My understanding of the 2 year warranty was that it’s not as clear or simple as that.

http://www.theguardian.com/money/2011/feb/05/how-long-electrical-goods-guaranteed

Did you register it with them when you purchased it? If so what were the conditions laid out at that time?

Legally it is down to the shop purchased from to provide any warranty cover, usually manufactures provide the warranty provided at the back end.

IIRC, your warranty is with the retailer. Unfortunate that they’re out of business. Garmin are under no obligation to offer you anything so they’re not being unreasonable at all.

Thanks all. I’ve just had a chat with Garmin and they pretty much said the same thing. My rights are with the retailer, who no longer exists.

Like I said they’re being reasonable but just wanted to check.

Doesnt matter what UK law sates. The EU directive trumps it. Most companies try it on but if you are persistent they do back down. Threaten legal action to shorten the process.

the warranty is with the retailer if it is provided by the retailer. the SOG act is with the retailer but a manufacturer warranty is with the manufacturer. The EU directive is part of UK law but it is technically superseded by the SOG act (2 vs 6 years). The EU directive is with the retailer but you can still claim from the warranty provider which in this case would be the manufacturer.

Doesnt matter what UK law sates. The EU directive trumps it. Most companies try it on but if you are persistent they do back down. Threaten legal action to shorten the process.

UK Sales of Goods Act trumps EU rules… Companies are under no obligation to accept the EU ruling as it hasn’t been adopted into UK law

http://www.thisismoney.co.uk/money/bills/article-1677034/Two-year-warranty-EU-law.html

You may manage to get your refund on the basis of the EU directive, however, shops are within their rights to use the Sale of Goods Act as the definitive guideline instead.

^ what they say.

The 6 year SOG option overrides the EU stuff, though after 6 *months* it’s up to you to prove it’s a fault not of your making and argue that it’s not lasted for an expected typical duration for that kind of product. Which may end up being one for a court to decide just what the expected duration is, plus accounting for wear and tear. The result also may not be a full replacement or refund, but only partial or some small token for compensation.

Doesnt matter what UK law sates. The EU directive trumps it. Most companies try it on but if you are persistent they do back down. Threaten legal action to shorten the process.

No, no it doesn’t.