Replacement lenses during warranty repair

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edbarton

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Hi guys,

Just to explain my situation a bit, I recently (2months ago) bought a Tamron 28-75mm lens, which I've been less than pleased with. The long and short of it is that I was told my Tamron support in the UK that the lens was exhibiting normal functionality during my period in which I could return it but later from talking to other users have discovered it's really not up to scratch. Not really sure what I can do about that, the shop and Tamron are passing the buck to one another. Little bane of contention there.

However, Tamron have offered to have a look at it under warranty which is all fine but they said it'll take 21 working days plus delivery either side, which to be honest in my eyes makes it a pretty worthless warranty to have (as you may have guessed, not too much a fan of Tamron). Now obviously I'd like to get it fixed (lack of sharpness and clicky focus ring if you wanted to know) but doing so will render me without the 35mm-70mm range, which is obviously fairly important to me.

Ideally, I'd like to hire out something for that time but really I'm not too down with having to pay out for that many days of hire, not really viable. I only work semi-professionally so am in a bit of a foundry between not being able to afford the hire for that period but still needing that range in the next month, who wouldn't. Now I am insured on this lens with photoguard, who will cover the hiring of a lens whilst one is being repaired after damage but as this hasn't been 'damaged' per say as it has always been faulty, I'm not sure how they stand with that. Maybe this is a question for them, I just need a bit of guidance on where to go with this; I need the lens fixed but I also need something to cover that range whilst the repairs are going on.

If I had the choice I'd go back and stay away from Tamron but as it is I'm stuck with the lens and feel bad flogging it on ebay to some unsuspecting buyer so I just need the best solution I can get a hold of really.

Thanks,
Ed


not sure whether this is the right forum for this, feel free to move if not
 
I think you need to speak with Photoguard with this. It is upto them if they will pay out under the circumstances.
Tamron certainly wont payout, IMO, as it seems that they think they are doing you a favour by even looking at an undamaged lens under warrenty.
 
Ed,

Let me start by saying I'm no expert but was in insurance industry for 36 years. From what you have said so far an insurance claim will not cover this. As you say yourself, there has been no damage.

Turning to the suppliers. It is the retailer that carries the responsibility in law. The warranty does not over-ride your normal legal rights. See here:

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

Having said that, you will have to show that the lens was not:

"as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale)."

If you can do that, then I would demand a replacement lens.

Good luck,
Ken
 
Ken, completely right on the insurance claim. Called photoguard and they said it's a warranty issue.

Thanks for giving me that link to use. I did contact Tamron support initially within 2 weeks of purchasing the lens, so I think it's more than a reasonable conclusion that the lens was faulty from the offset. However, upon further research which I've only recently been able to do it seems that what they said was normal isn't normal whatsoever and is almost certainly a sign that the lens is not in good health and I feel this is mirrored in the shots I take with it.

Upon contacting the retailer (purelygadgets - also not a fan of them, this lens hasn't been the best of experiences) a few weeks ago, and not citing that, I got the following response.

I am sorry to hear if that seems to be the case. If you feel that the lens is defective, please feel free to return it to us for further assessment. However, as you are requesting the return of an item outside of our standard notification period (14days from receipt of your goods), then in most cases, we are unfortunately unable to offer you a refund.



Alternatively, we are happy to arrange a return to the supplier/manufacturer who will test and authorise a repair.
Click to expand...

Obviously the solution they're proposing there is just the same so am I within my rights to ask them to replace/money back (probably prefer money back now to be honest) or are they allowed just to send it off to repairs.

If that's the case, good news, especially as I can cite something. I did know about this at the time, hence why I contacted them a few weeks ago, I just couldn't find a source or details of it. Not too looking forward to dealing with purelygadgets about this though, they took quite a while to deliver my lens in the first place, support were weak and I thought they might well have just taken my money.
 
Ed,

The problem you have is that the reailer has said their standard period for return is 14 days. What the law says is non specific, viz:

"If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)"

I know there has been a lot of case history involving defective cars but am not aware of what would constitute a reasonable time with a lens. Given that you had to use the lens and look at the results to ascertain there might be a problem, I would have thought the time scale should be greater than 14 days. What the courts would say is another matter.

I would respond to the retailer pointing out very clearly the first date you intimated there might be a problem with the lens. Advise them very strongly that their 14 days period is irrevelent, as it has taken a reasonable time to find the fault and compare and contrast with other users experience. Advise them that any imported terms concerning the period of notification are illegal terms and that The Sale of Goods Act applies. Next, this is where you will have to have the determination to follow through, advise them that if they do not take action to replace or repair in a reasonable time that you will take them to the County Court using the Small Claims Court Procedure. You need to resist advising them that you work semi professionally as a tog because you bought the lens in a retail capacity and that is why the Sale of Goods Act applies.

I have found that most retailers run a mile when you threaten in this way.

It would be wise to document the faults, timescales and conversations at this stage and send it to them in writing, even if that is an email. You will then be able to demonstrate that you gave them all the relevent detail and the opportunity to put matters right.

Good luck,
Ken
 
How did you pay for the lens, Ed? If it was by credit card (or on a finance agreement) then contact the cc company and take the issue up with them as they are jointly liable.
 
Well spotted Graham.

I missed that one but he's right Ed.

Ken
 
Unfortunately not credit card. Tried to buy it on that and as a result of me purchasing a number of other camera based goodies, there were a load of fraud warnings on the card. Needed to get it that day (although as it wasn't delivered on time, that didn't really matter) so thought nothing of putting it on my debit card. In hindsight, not the wisest of choices.

I'll email them nonetheless and tell you what they say. Thank you for all of your help.
 
Thanks Ken. Unfortunately a maestro. This is the one major purchase I've not used not used a credit card for and it's easily the one that has given me the most hassle, always the way.

Thanks again for all your help.
 
Ok, I got a response back from purelygadgets.

Basically they're saying they have to do a full assessment of the item themselves, which will take a period of 2 weeks before they can tell me the next course of action. Not really something I'm too happy about as it raises the same issue as with the warranty repairs; I'm rendered sans lens for at least 2 weeks, probably knowing these guys about a month.

Am I entitled to anything more?
 
Nikon Ken said:
Having said that, you will have to show that the lens was not:

"as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale)."

Ken
Click to expand...

I think you are wrong with this You do not have to show this under 6mths only over 6mths is it your job to do so
 
edbarton said:
Unfortunately not credit card. Tried to buy it on that and as a result of me purchasing a number of other camera based goodies, there were a load of fraud warnings on the card.
Click to expand...

Nothing directly to do with this thread, but this fraud warning business can be a PITA. I've even had it buying through Amazon when different vendors are "fronted" (quite legitimately) by Amazon.
 
You could have returned under the distance selling regulations had you done it sooner (though you could still try since you emailed them within the time limit)
 
edbarton said:
Ok, I got a response back from purelygadgets.

Basically they're saying they have to do a full assessment of the item themselves, which will take a period of 2 weeks before they can tell me the next course of action. Not really something I'm too happy about as it raises the same issue as with the warranty repairs; I'm rendered sans lens for at least 2 weeks, probably knowing these guys about a month.

Am I entitled to anything more?
Click to expand...
 
Chaz,

You would have to describe what is wrong with the lens that makes it not fit for purpose. If it is obvious then Ed would not be having the problems he is having.


Ed,

I'm not sure there is anything else. I would advise them that two weeks seems a long time and ask them what you are to use in the meantime. They may lend you a lens. Document that you are not happy with being deprived of the lens.

Ken
 
Pretty much said, no deal with it in response to that. Kind of puts me back at square one unfortunately, whatever action I take will render me without that lens for at least a good few weeks.
 
Ok, barring any acts of momentary kindness from either Tamron or purelygadgets, I think I am either going to be without this lens for a wedding or with it in current not all too awesome state. Thanks for all of your help on this by the way, you've been a huge help but neither party seems willing to budge on their month long fixing estimates.

Not really sure there's a lot left to do now other than just send it off and hire a lens out at cost to me.
 
Maybe there's a 2nd hand one somewhere that you could buy then resell when you get your lens back and drop less than the rental cost?
 
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