Guarantees

[30-6]

Bought a smoke alarm in 2015 with 10 year guarantee. The battery was actually fitted in 2013, so guarantee expires 2023.

Packed in yesterday after continuously going off for no reason, so took back to Tesco with receipt as instructed on leaflet but was told as it was over 1 year old needed to contact manufacturer.

Should Tesco have accepted it back and they get refund from manufacturer, or is their liability only 1 year ?

Edit to add - as battery was actually fitted in 2013 I had lost 2 years guarantee before I bought it.

[Spr1985]

I’d like to assume that you changed the battery? 
 

I believe retailers only have to give 1 year warranty on electrical products (unless you purchase extended warranty through retailer) anything over a year is down to the manufacture.

 

this link me be of use to you :- http://tradingstandardsblog.co.uk/who-is-liable-for-faulty-goods-the-retailer-or-manufacturer

[30-6]

Unit was fitted with a 10 year guaranteed battery, no battery to change. Could not be taken apart.

[Mungler]

This is an interesting one and I suspect that the manufacturer made a whole load of bold claims about a 10 year warranty whilst thinking:

1. No one will enforce this because no one will remember to keep their receipt - it’s not like a car or a set of double glazed windows and doors and

2. if anyone does step forward, we’ll duck out by arguing that we guarantee the life of the battery but if you set the smoke alarm off every single day by burning your toast and diminishing the power within the battery then that’s on you 

3. Ignoring all the consumer protection legislation, a breach of contract claim as may have been available against tescos would probably have been statute barred under the Limitation Act after 6 years 

So, in short, yes, your claim if any exists would be against the manufacturer. Following on, is the manufacturer still in existence or even a company based in England / Wales?

An interesting set of circumstances but a disproportional waste of time to pursue, save that a moany letter to Tescos HQ might get you a goodwill voucher.

I would add that most manufacturer warranties that give a consumer / end user greater rights than would otherwise arise under law (‘your statutory rights remain unaffected’) will often require some form of formal ‘registration’ with the manufacturer and so as to form a separate and direct warranty / contract as between the manufacturer and consumer and thus removing the retailer from the equation.

Edited July 26, 2022 by Mungler

[Spr1985]

7 hours ago, 30-6 said:

Unit was fitted with a 10 year guaranteed battery, no battery to change. Could not be taken apart.

Ahh I see, that’s fair enough 👍🏻 Well I hope you get it sorted out.

[walshie]

How much was the smoke alarm?

[merseamal]

Warranty is supplied by manufacturers not retailers- retailers sell rip off “extended” warranties 

[Rim Fire]

5 hours ago, Mungler said:

This is an interesting one and I suspect that the manufacturer made a whole load of bold claims about a 10 year warranty whilst thinking:

1. No one will enforce this because no one will remember to keep their receipt - it’s not like a car or a set of double glazed windows and doors and

2. if anyone does step forward, we’ll duck out by arguing that we guarantee the life of the battery but if you set the smoke alarm off every single day by burning your toast and diminishing the power within the battery then that’s on you 

3. Ignoring all the consumer protection legislation, a breach of contract claim as may have been available against tescos would probably have been statute barred under the Limitation Act after 6 years 

So, in short, yes, your claim if any exists would be against the manufacturer. Following on, is the manufacturer still in existence or even a company based in England / Wales?

An interesting set of circumstances but a disproportional waste of time to pursue, save that a moany letter to Tescos HQ might get you a goodwill voucher.

I would add that most manufacturer warranties that give a consumer / end user greater rights than would otherwise arise under law (‘your statutory rights remain unaffected’) will often require some form of formal ‘registration’ with the manufacturer and so as to form a separate and direct warranty / contract as between the manufacturer and consumer and thus removing the retailer from the equation.

This sounds abought right to me 👍

[TIGHTCHOKE]

Personally I would be quite happy to replace a 10 year old smoke alarm for a new one at my expense.

The built in battery versions came about because cheap skate landlords and tight tenants didn't replace the batteries in the cheaper versions.

[Bemused]

We test and maintain the electrics on almost 2000 social housing properties. We replace quite a few detectors were  the 10 year lithium battery has failed well within time. Certain brands seem to be better than others.

[Jaymo]

We pay thousand for our shooting gear and worry over a £12 smoke alarm ( £26 for a pair of 10 year Angel ones) 

[Spr1985]

1 hour ago, Jaymo said:

We pay thousand for our shooting gear and worry over a £12 smoke alarm ( £26 for a pair of 10 year Angel ones) 

Jaymo, I think it’s more the principal of it. 

would you put the same principal to  - we pay £30k for a car and £3k for a gun so why worry about the gun. 

we pay £30k for a car and £300k for a house so why worry about the car. 

it’s quite simple, if you pay out your hard earned £ on anything it should be fit for purpose and work as advertised and should it not then it should be covered by the warranty/ guarantee. 
 

also please don’t take this as a personal dig…it’s not. Just giving my perspective using your example 👍🏻

[30-6]

Well my take on it is, if one company for want of a better phrase ' ripped off ' thousands of customers in this scenario they are making a tidy little sum.

I was shopping last week and upon checking receipts found 3 so called discounted items were not discounted at the till as advertised on shelves, a £2, a 25p and another 25p. So I thought I was saving £2-50 but I wasn't, lesson learned, so if this happened multiple times shop wins customers lose.

Going back to the smoke alarm, one of the reasons I bought it was the 10 year guarantee. But like I mentioned, unknown to me it was 2 years into the guarantee when purchased.

But, good news and full marks to the manufacturers they are going to reimburse the purchase price as the model and type of alarm I purchased is discontinued. I did keep the receipt and the box it came in. All they've asked for is photo of receipt, sticker of life of battery on the actual alarm and bank details.

 

[Spr1985]

22 hours ago, 30-6 said:

Well my take on it is, if one company for want of a better phrase ' ripped off ' thousands of customers in this scenario they are making a tidy little sum.

I was shopping last week and upon checking receipts found 3 so called discounted items were not discounted at the till as advertised on shelves, a £2, a 25p and another 25p. So I thought I was saving £2-50 but I wasn't, lesson learned, so if this happened multiple times shop wins customers lose.

Going back to the smoke alarm, one of the reasons I bought it was the 10 year guarantee. But like I mentioned, unknown to me it was 2 years into the guarantee when purchased.

But, good news and full marks to the manufacturers they are going to reimburse the purchase price as the model and type of alarm I purchased is discontinued. I did keep the receipt and the box it came in. All they've asked for is photo of receipt, sticker of life of battery on the actual alarm and bank details.

 

Good result then 👌🏻