Sales of Goods Act question

[simmb]

So my Skytrak has developed a fault after 15 months of usage. I have contacted SkyGolf who are going to get back to me shortly but I am fully expecting them to hit me with a hefty repair bill. Skytrak comes with a 12 month warranty, is there some EU law that entitles me to 2 years? Also does the Sales of Goods Act state I should be entitled to a free repair up to 6 years or something like that, provided the fault is nothing to do with misuse of the item.
The fault has been reported by several other people as well so in my eyes that's an inherent issue with the product and I shouldn't have to pay for any repair.
So question is, have I got any chance of getting a free repair or do I just suck it up and pay?

Any advice is much appreciated.

 

[SwingsitlikeHogan]

So my Skytrak has developed a fault after 15 months of usage. I have contacted SkyGolf who are going to get back to me shortly but I am fully expecting them to hit me with a hefty repair bill. Skytrak comes with a 12 month warranty, is there some EU law that entitles me to 2 years? Also does the Sales of Goods Act state I should be entitled to a free repair up to 6 years or something like that, provided the fault is nothing to do with misuse of the item.
The fault has been reported by several other people as well so in my eyes that's an inherent issue with the product and I shouldn't have to pay for any repair.
So question is, have I got any chance of getting a free repair or do I just suck it up and pay?

Any advice is much appreciated.

Quick phone call to Clive Bull and The Consumer Hour on LBC - Wednesdays 8pm - will get you the answer. Your question is exactly the sort of thing that is dealt with regularly. The consumer affairs legal guy they have answering questions will tell you what to do if he agrees that you have grounds for complaint etc

 

[Slab]

Older article but it gives you the gist and links

 

[Lord Tyrion]

Obviously check out officially but I would have thought you are past the point now and are in the realms of the goodwill of the mfr. On that basis I would not go in all guns blazing, throw in a bit of flattery for example. If it is a known fault then mention this to them and see their response. Hopefully they will acknowledge the issue and a compromise can be reached. Mfrs are much better than they used to be on this type of thing. They want your loyalty, this is not a £3 Primark t shirt, and they understand the power of social media if you reach that stage. Be friendly first off though.

 

[simmb]

Thanks for the replies so far. Seems it's all a bit of a grey area and not as straight forward as I had hoped. I will see what they say but reading about others who have had the same issue it's been a painful process getting it repaired even when paying.

 

[Imurg]

Guarantee or not, anything is supposed to last a reasonable time.
For a pair of shoes that might be 6 months to a year. For a computerized launch monitor that sits around and watches you hit balls that should be longer than 15 months.
I thought there was a 2 year minimum now on guarantees..?
Might be limited for the 2nd year but I'd be pushing for a complete repair on a launch monitor that's 15 months old - especially if it's a known/regular fault.

 

[Lazkir]

Sale of Goods act has been superseded by the Consumer rights act, which brings a lot of internet selling up to date as well as other stuff.

Basically the manufacturers guarantee is in 'addition' to your statutory rights and therefore can be pretty much ignored for this case.
The equipment must be fit for purpose and last a 'reasonable' length of time. What that is can depend on the price paid and the purposes of the device.
On the face of it, if you can prove that there are known issues, and that the device could reasonably be expected to last for years then you can go down that route.
If the company doesn't play ball then inform them that you will be prepared to take them to a small claims court (Costs £35 online, and they hardly ever ever contest it). Once you've won that then you can pay a bit more money and then issue a high court writ that essentially sends the bailiff to their office to collect goods/money etc.

Sounds a pain, but if they know that you mean business and are prepared to back it up then they tend to fold pretty quickly. There are other forums that specialise in these areas and I'd strongly advise you to pay them a visit before going ahead with any of the above.
Another thing, your contract that is covered by the above is with the retailer of the product and NOT with the manufacturer (unless bought direct).

TLDR? Yes you have rights and can get a result as in a free repair.
No there is no E.U. 2 year guarantee for the U.K.
The 6 year thing is the statute of limitations which is basically the amount of time you have in order to start a claim going against a seller.

 

[Doon frae Troon]

I believe you only get the EU two year warranty if you voted remain.

Lord Tyrion's advice is spot on.

 

[Tashyboy]

Went down this route with Seat when me car packed up. I asked one question. Will the part be replaced by the same part or an improved part. In essence the part was an improved part. Seat/Aka VW nknew there was a problem, a safety problem as it happened and it was eventually replaced free of charge. If Skygolf know there is a problem then for me you have a case. Push it as far as you can.

 

[simmb]

So spoke to a very nice lady at Skygolf today and she told me the Skytrak has to be sent back to the US to be inspected and evaluated. I would then be quoted a price for the repair and then given the option to proceed or buy a new unit.
I said I didn't think that 15 months usage out of a £2000 piece of kit was that good value so definitely wouldn't be opting for the new unit. I did mention a few bits of advice from the replies in this thread but I get the feeling it will be a struggle to get anything for free especially as Skygolf in the UK just seem to be the piggy in the middle to the US side of the operation.
Also I got the feeling they will conclude any damage is down to end user and stray golf balls to avoid any freebies, I did point out that it's been sat in one of their expensive metal cases and never hit but not sure how I prove that.

 

[Lazkir]

Where did you buy it from?

 

[simmb]

Where did you buy it from?

I bought it direct from Skygolf.

 

[Lazkir]

I bought it direct from Skygolf.

Edit: They have a UK office at

[FONT=&quot]SkyHawke Technologies UK Ltd.[/FONT]
[FONT=&quot]Haddenham Business Park[/FONT]
[FONT=&quot]Unit 10 E[/FONT]
[FONT=&quot]Haddenham[/FONT]
[FONT=&quot]Buckinghamshire[/FONT]
[FONT=&quot]HP17 8L

I'm pretty sure they'd have to abide by the consumer rights act, so if push comes to shove then that might be the road to go down.

Depends how far you want to take it ofc.[/FONT]

 

[MadAdey]

Just out of curiosity, what is actually wrong with it? That will have a huge bearing on if you have a case or not.

 

[simmb]

Just out of curiosity, what is actually wrong with it? That will have a huge bearing on if you have a case or not.

The right hand laser trigger has stopped working. So basically it wont pick up any shots played in right hand mode, if I was Phil Mickelson it wouldn't be a problem. It's apparently an easy fix but I am still waiting to see what Skygolf say regarding cost. They have had it two days now and I have not even had an email to tell me they received it, getting a bit worried.