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consumer rights

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jayney 12 | 21:18 Wed 25th Aug 2010 | Civil
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i wasnt sure where to post this question so i thought here was as good as anywhwre i guess.
on 31st of dec 2009 we bought a factory refurbished advertised as new generator from an online company trading on ebay, we received the generator on the 5th january 2010, when it arrived the engine mountings were broken so i mailed the company and told them and they laid the blame at the couriers door but duly sent us replacement parts which my husband fitted, we tried the generator out by pluging a lamp into it and it worked, we then duly stored it away safely until we needed to use at the beginning of this month, we went away in our caravan used the generator for 25 minutes then turned it off, when we came to use it again it would not generate electricity, we contacted the vendor who put us on to their tech guy who duly confirmed that it was in fact broken and that the convertor was not converting power from dc to ac, i asked them for a replacement part or to replace the generator and they are refusing to help us at all, surely we have some rights here as the product is not fit for purpose.. their excuse is that as it is a refurb it is only covered by a 3 month warranty even though it was only run for 25 minutes, i would expect it not to be as perfect as new but i would have thought it would have lasted a couple of years and not just 25 minutes. is there anything we can do i am so fed up i feel like they are taking the mick out of me, when i spoke to the tech guy he as quite arrogant and treated me like an idiot all i want is a working generator, not much to ask is it??
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I'm no expert but if you buy something second hand or refurbished, the guarantee period is often very much less than if you buy new. Do you still have the original description? - I would hope there had been some mention of this on the blurb before you bid for it.
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they are still avertising and selling the same generators on the same website, there is no mention of anything except that they are factory refurbished and as new
Usually refurbished items only have a 3 month guarantee. I know you say you've only used it for 25 mins, but you bought it 8 months ago - how do the company know you haven't used it all that time and are taking the mick out of them? They have to protect themselves or they would end up giving their products away for free! I think you've been very unlucky, but you should just mark it down to experience.
I dont really think you are going to get any luck on that one, it is clearly outside of the warranty, the 3 months is not 3 months use, its 3 months from date of purchase.

you really are fighting a losing battle here.
The warranty may not be the only issue here. There is legislation which covers the responsibilities of traders for secondhand goods as well as new. Unfortunately, you may not be able to take advantage of it in view of the 8 months since you bought the item, but the "as new" description in the advert may help. Have a word with Consumer Direct (what used to be Trading Standards) - they should be able to advise you.

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