Refund/replacement instead of warranty repair

ukaskew

ukaskew

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Not entirely sure where I'm going with this, but I'm in a quandary regarding a faulty lens so I'm looking for possible ways to resolve the situation asap.

In short, bought a Fuji lens in June. At the weekend it developed several faults through no fault of my own. It was bought specifically in mind for my honeymoon, which is on August 18th. As it's over 28 days old I've been informed I can only submit it for a repair. I've just been given an approximate 4 week turnaround based on the retailers experience of Fuji repairs assuming I despatch the lens to them tomorrow. Obviously this means I'm very unlikely to get it back in time before I head off for several weeks, would I have a leg to stand on regarding requesting a refund or replacement upon return?

Just to clarify, no issue with the retailer or Fuji, just wondering if I have any rights that may help me resolve the situation (i.e. refund or replacement) quicker than what I currently understand to be my only option.
 
I would have a word with the Fuji repair section... They are the same people who do the referbs.

They can be very helpful.
try on 0844 553 2321 at least they will tell you the options.
 
The 28 day thing is a read herring that a lot of retailers try to use in order to get out of there statutory obligations under law.

You are entitle to a refund or a replacement.

You decide, not the retailer which option you require, don't let them try and bully you with all that 28 day bull
 
Have a look here After 4 weeks the retailer decides on replace / repair / refund.
 
The retailer is wrong and is misleading you.

Out of interest, what's the retailer's name? A number of the chain retailers of electronic goods like to indulge in such behaviour and some persistence is needed.
 
Keith W said:
The 28 day thing is a read herring that a lot of retailers try to use in order to get out of there statutory obligations under law.

You are entitle to a refund or a replacement.

You decide, not the retailer which option you require, don't let them try and bully you with all that 28 day bull
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It isn't quite as clear cut as you think, unfortunately.

The Act makes certain provisos on the repair/refund/replacement.

48B Repair or replacement of the goods

 
(1)If section 48A above applies, the buyer may require the seller—
(a)to repair the goods, or
(b)to replace the goods.

(2)If the buyer requires the seller to repair or replace the goods, the seller must—

(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

(3) The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—

(a)impossible, or
(b)disproportionate in comparison to the other of those remedies, or
(c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

http://www.legislation.gov.uk/ukpga/1979/54
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If it is a disproportionate cost between repair and refund, the seller may elect to repair (or vice versa).
 
Dave1 said:
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
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Pretty vague, that one! I can safely say it will massively inconvenience me, but is 3 weeks a 'reasonable time'?!
 
A Honeymoon is once in a lifetime event so I'd push that and say you have lost confidence in a lens that needs repair so soon ie its basically a dud and you want a replacement.

Its only July. If it is duff this soon then frankly I wouldn't want it even repaired. I'd want a brand new one or at least a fully refurbished and guaranteed replacement. I don't think it is unreasonable to want a new lens to work longer than a month.

Did you tell the retailer it was bought for the purpose of shooting on your honeymoon when you bought it? That would give you extra leverage.

I'd also check the lens on another body to make sure it isn't the camera at fault just in case.
 
ukaskew said:
Pretty vague, that one! I can safely say it will massively inconvenience me, but is 3 weeks a 'reasonable time'?!
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That's one of the big problems with a lot of consumer protection, "reasonable" has whatever meaning an individual court decides to give it, rather than a definition made by Parliament and set in law.
 
Good news, lens is back from Fuji and heading my way, so exactly 2 weeks to turn it around.

I'm off on Saturday so assuming it gets delivered when they (WEX) say it will, everything should be ok.
 
ukaskew said:
Good news, lens is back from Fuji and heading my way, so exactly 2 weeks to turn it around.

I'm off on Saturday so assuming it gets delivered when they (WEX) say it will, everything should be ok.
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That is good news, lets hope they've fixed it properly ;)

:D
 
Dave1 said:
That is good news, lets hope they've fixed it properly ;)

:D
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Arrived today, leaving tomorrow, phew!

I'm not entirely sure it's actually my lens, it seems brand new, it had a new sealed soft pouch, boxed seemed new, the lens and lens hood is completely unblemished (there were some very tiny marks on the hood before). It feels very smooth compared to the old one.

On the return slip from Fuji the work completed section says 'lens'!
 
ukaskew said:
Arrived today, leaving tomorrow, phew!

I'm not entirely sure it's actually my lens, it seems brand new, it had a new sealed soft pouch, boxed seemed new, the lens and lens hood is completely unblemished (there were some very tiny marks on the hood before). It feels very smooth compared to the old one.

On the return slip from Fuji the work completed section says 'lens'!
Click to expand...

and that (a) is the reason to keep a record of serial no's!
 
Currently in Bryce Canyon, not really used the lens during the past week (the 14mm is getting a hammering!) but pulled it out for a few wildlife shots today and it's exhibiting the same issues at 200mm again, i.e. completely OOF.

Annoying!
 
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