As service agents we often get calls from customers seeking an exchange, more often that not, the retailer has told the customer to call us to organise this exchange. In fact it’s all too common that people think that a machine will be exchanged automatically if there is a fault and this is simply not the case.
Just as with a car, a TV or anything else you buy, unless the terms of the contract state that you are specifically entitled to a new one if the one you bought breaks down, you have no actual right to get a new one unless the one you have cannot be repaired.
Quite simply as repairers we are not involved in this side of things 99/100 as we are not authorised by any manufacturer to give an exchange product. We are, in the main, not even allowed to advise the customer that an exchange would be preferable. Often, even if it is the manufacturer’s own employed service engineer you will find that this is also the case.
The first point of contact if you are not happy with a product or you feel that the product sold to you was a “lemon” is with the retailer.
It is my own personal experience that most retailers will try to “pass the buck” to anyone that they can, the service agent or department or the manufacturer, stick to your guns as it is the retailer that is ultimately responsible to sort it out for you. If you think about it this is very logical really as it is the retailer that you gave your money to and the retailer with which you have a contract with, so the onus falls upon them.
The warranty given by the manufacturer is over and above your statutory rights, so is an addition to them, not a replacement for them!
So, if your retailer tried to pass the blame to someone else just remind them about the Sale Of Goods Act which clearly states that the goods sold must be of “merchantable quality” and that the contract of sale and, therefore the responsibility, lies with them and not the manufacturer.
Remember the UK has some of the best consumer protection law in the EU and is normally a lot better than any of our European counterparts and you are very well protected as a consumer. However the media has blown some things out of all proportion that leads people to often think that they have more rights than they actually do have.
There are lots of places that advice can be sought from, not least your local Trading Standards offices who will be more than happy to help you with any complaint.