Broken Nexus 7

PostBroken Nexus 7 by **Slartibartfast** » Wed Feb 12, 2014 6:27 pm

Okay, so this is more a consumer rights question than a technical question... My Nexus 7 stopped working in January, under the back case there are burn marks and there was ash, so not my fault.

It was 16 months old so not massively out of warranty but I've been offered £90 compensation from Tesco. That's the value of a second hand year old Nexus 7, so not too shabby, but doesn't take account of strawberry float about factor. And £110 for something I only had for 16 months is a bit shitty.

What should I do?

PostRe: Broken Nexus 7 by **Super Dragon 64** » Wed Feb 12, 2014 6:37 pm

Use the link below to draft an email asking for a replacement or refund.
http://www.bbc.co.uk/blogs/theoneshow/c ... downl.html

PostRe: Broken Nexus 7 by **Lagamorph** » Wed Feb 12, 2014 6:44 pm

Actually they're perfectly within their rights to offer a partial refund with money deducted for 'enjoyment'.

On average a Nexus could be expected to reasonably last 5 years, so £110 purchase price works out at £22/year.
Since you've had 16 months use/enjoyment from it and paid £110 for it originally, a £90 partial refund is a good offer.

PostRe: Broken Nexus 7 by **Super Dragon 64** » Wed Feb 12, 2014 6:48 pm

Lagamorph wrote:Actually they're perfectly within their rights to offer a partial refund with money deducted for 'enjoyment'.

What makes you say that?

PostRe: Broken Nexus 7 by **Lagamorph** » Wed Feb 12, 2014 6:58 pm

Dark Dragon 64 wrote:
Lagamorph wrote:Actually they're perfectly within their rights to offer a partial refund with money deducted for 'enjoyment'.

What makes you say that?

It's in the Sales of Goods Act.
The official term is 'rescission'

PostRe: Broken Nexus 7 by **Super Dragon 64** » Wed Feb 12, 2014 7:18 pm

Lagamorph wrote:
Dark Dragon 64 wrote:
Lagamorph wrote:Actually they're perfectly within their rights to offer a partial refund with money deducted for 'enjoyment'.

What makes you say that?

It's in the Sales of Goods Act.
The official term is 'rescission'

A better reply would include the section you are using and its application to the current problem. My cursory reading of Part 5A, if this is the part about which you are thinking, leads me to believe that Slartibartfast has the choice to request a partial refund.

I can see a point on which you could argue that a partial refund is an acceptable remedy but you'd need to argue that a complete replacement is a disproportionate remedy (s. 48B(3)). Even then, Part 5A acts supplementary to the rest of the Act so I believe that the fact that an implied term (s. 14) has not been met would allow Slartibartfast to claim a full refund.

PostRe: Broken Nexus 7 by **Wiggy G32** » Wed Feb 12, 2014 8:50 pm

doesnt it have a 24month warranty with Asus?

PostRe: Broken Nexus 7 by **Slartibartfast** » Thu Feb 13, 2014 6:29 am

Lagamorph wrote:Actually they're perfectly within their rights to offer a partial refund with money deducted for 'enjoyment'.

On average a Nexus could be expected to reasonably last 5 years, so £110 purchase price works out at £22/year.
Since you've had 16 months use/enjoyment from it and paid £110 for it originally, a £90 partial refund is a good offer.

Sorry - bad original post. I paid £199 originally. Which for something that lasted 16 months is naff...

The £110 is what Tesco are saying is the use I've had from it so are offering £90.

They said there's no repair option available (£90 might do it, might not).

PostRe: Broken Nexus 7 by **Lagamorph** » Thu Feb 13, 2014 10:18 am

OK, so that changes things a little. If you paid £199 originally then any partial refund should be a minimum of about £146 for 16 months of enjoyment from the product.
After 16 months I think it's reasonable to not expect a brand new replacement unit (especially since the model you have has now been replaced with a new one), and they may not have any refurbished items to replace with. After that time I'd also say that asking for a full refund of £199 is unreasonable as well.

The type of damage you've described sounds like it would be beyond economical repair, so that option is probably out.

If I were you I'd go back to Tesco saying that, based on the reasonable expectation that the product should have lasted at least 5 years, you expect any partial refund to be at least £150.
When it comes to the 'strawberry float about factor' though you're probably out of luck. You can only claim compensation if you can prove you're out of pocket somehow. Just "I didn't have my tablet" generally isn't enough.

Dd64, the option of repair/replace/refund doesn't lie with the customer, it's the retailers decision. I would say that after 16 months of usage, a full refund is an unreasonable/disproportionate expectation.

PostRe: Broken Nexus 7 by **Super Dragon 64** » Thu Feb 13, 2014 10:45 am

I want to know what makes you say that it's the retailer's decision as everything I've read leads me to believe that it's the consumer's choice.

PostRe: Broken Nexus 7 by **Slartibartfast** » Thu Feb 13, 2014 12:05 pm

The strawberry float about factor in this case is that when I went into a store they fobbed me off with a form to fill out and post. I did that but rang the helpline to check on it... Turns out that form was phased out 18 months ago.

PostRe: Broken Nexus 7 by **Slartibartfast** » Thu Feb 13, 2014 12:06 pm

But yeah I was thinking in the region of £150 on the basis that's it's only a quarter through it's lifespan.

Keep the advice coming. I need to know what words to say to them...

PostRe: Broken Nexus 7 by **Lagamorph** » Thu Feb 13, 2014 1:31 pm

Dark Dragon 64 wrote:I want to know what makes you say that it's the retailer's decision as everything I've read leads me to believe that it's the consumer's choice.

Have a read of the CAB website, if the retailer decides a repair or replacement is too expensive they can offer a full or partial refund, dependant on the circumstances.
The choice of which to offer is up to the retailer, not the consumer.

PostRe: Broken Nexus 7 by **Super Dragon 64** » Thu Feb 13, 2014 2:23 pm

The statement 'if a repair or replacement is too expensive' isn't clearly defined and my understanding is that this point is to prevent consumers asking for repairs or replacements when there are astronomical costs because, for example, the item is no longer being manufactured, is exceptionally rare or the repair materials are too costly because they are obsolete. While there's no clear indication as to what's 'too expensive' but I'm sure that the gap between a £150 partial refund and a £200 complete refund doesn't harbour the line between expensive and not expensive.

Ultimately this point revolves around reasonableness, but that doesn't give the retailer the ability to dictate anything. The retailer can offer something, like a partial refund, but it cannot eliminate the options the consumer is given by statute. Only the circumstances can eliminate the possibility of a replacement or repair; I don't believe that they have been met here. If the retailer was allowed to determine what is reasonable and what is not reasonable, consumer rights would be diminished.

As for a complete refund, the fact that the OP's Nexus has burn marks and traces of ash suggests that there was an inherent problem with the device that couldn't be discovered at the time of purchase. SOGA gives the consumer a reasonable amount of time to discover such faults and I believe that the facts here have occurred within a reasonable amount of time. The OP couldn't have known when he bought the Nexus that it would, literally, burn out after 16 months. This means that he can't be deemed to have accepted the Nexus with its fault and should be allowed to get all of his money back.

Broken Nexus 7

Who is online

Affiliates