5 Year Warranty

[Gavmacp]

I am interested in people's opinions.
I purchased a Humax device from Richer Sounds and took 5 year warranty (which surprised me as I don't usually do) Humax went wrong. I took the machine back to them and they replaced it. Now being requested to pay £22 as by using the warranty I am no longer covered.
Have I been misold? As I believe a 5 yr warranty should be just that?

[Buenchico]

'Warranties' and 'guarantees' are not part of your statutory rights and can therefore be as generous or limited as the firms offering them choose to make them. It's up to the customer to read the small print and to decide whether the conditions therein are to his liking (and then decide whether to pay for such a warranty/guarantee or not).

Richer Sounds' 5 Year Supercare T&Cs state:
"Conditions
1. All benefits under the agreement will cease if:
. . .
c) . . . a faulty unit is exchanged for a different model"

http://www.richersounds.com/action.php?cdx=loadstatic&page=5yearterms

[Gavmacp]

Re read the T&cs it is a 5yr guarantee. They say that they will terminate the guarantee if product cannot be repaired and is replaced. My arguement is that I have paid for 5 years and through no fault of my own I have lost 3 1/2 years of a guarantee.

[Buenchico]

Agreed - but you entered into a contract which said that's exactly what would happen. It was up to you to decide whether you entered into that contract in the first place. Having done so, you can't now argue against its terms.

[Jackdaw33]

Worth having a look to see if the Unfair Contract Terms Act (1977) is applicable in this situation.

[Buenchico]

>>>Worth having a look to see if the Unfair Contract Terms Act (1977) is applicable in this situation.

It won't.

The UCT Act only applies when one party to a contract tries to avoid their duty "to take reasonable care or exercise reasonable skill in the performance of the contract" through the imposition of unreasonable terms. (e.g. a dry cleaning company can't display a sign saying "We take no responsibility for any damage that might occur to customer's clothing while in our care").

It does not apply to to the termination of a contract under the terms of the Supercare guarantee.

[btrobin]

IMHO, these extended warranties have been exposed many times as being a con, never taken one out, in this case you will have a manufacturers warranty, which if it doesn't work when you get it out of the box, will obviously cover you, and then for whatever the manufacturer guarantee is. I have a Humax box and had to replace the remote after 18 months, a known fault but still had to pay.