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-   -   Sky+ Help (http://www.homecinemabanter.com/showthread.php?t=22725)

Scott November 13th 04 11:45 PM

Sky+ Help
 
Hi all

Sorry for cross posting but I need as much help on this as I can get

I ordered Sky+ in January via the BT employees offer on £99 and no install
charge for a refurbished v1 box.

The first box lasted about 3 months and now the secon one has also gave up
the ghost.

I spoke to Sky and the person at the other end of the phone was adamant that
I had a one year warranty which commenced from day one in January despite
the fact that the current box wasn't installed till April.

My concern is that they are now coming to fit another new box which will
only have a 2 month warranty.

Is this legal?

Do I have any other options?

If I can get them to say "the box has a one year warranty" then surely that
applies from the day the box is installed.

What would be my chances of demanding a brand new box, and would it be any
better

Thanks for any help




Gareth November 14th 04 12:39 AM


"Scott" scott251170 wrote in message
...
Hi all

Sorry for cross posting but I need as much help on this as I can get

I ordered Sky+ in January via the BT employees offer on £99 and no install
charge for a refurbished v1 box.

The first box lasted about 3 months and now the secon one has also gave up
the ghost.

I spoke to Sky and the person at the other end of the phone was adamant
that I had a one year warranty which commenced from day one in January
despite the fact that the current box wasn't installed till April.

My concern is that they are now coming to fit another new box which will
only have a 2 month warranty.

Is this legal?

Do I have any other options?

If I can get them to say "the box has a one year warranty" then surely
that applies from the day the box is installed.

What would be my chances of demanding a brand new box, and would it be any
better


Good questions and I don't think there's a simple answer - I've tried to
track down, and even in 1998 paid for (at a cost of £200), my own legal
advice on this problem (in relation to a DSG supplied faulty CD player) and
I still don't really understand all the issues or rather how to win what
seems to be a clear argument.

Basically the supplier will often argue that the warranty ends 1 year after
the date of the initial supply (the initial contract). Despite what the
supplier wants to argue the contract though is not for a 1 year supply of
anything - you can reasonably expect not to have to renew goods after 1 year
and you are protected, through consumer rights law, for a good few years
after purchase against unsatisfactory goods (i..e damage not resulting from
your own actions). I can't remember whether or no the limit is generally
cited as being 4, 5 or 6 years.

Quite how you enforce this basic right to redress for crap goods is very
difficult - companies like DSG will ignore you until you issue a summons and
even then they'll take things to the edge of the summons date presumably to
cost you as much as possible. I think Sky has a better reputation in this
regard and they are, apparently, open to good arguments. I imagine that you
have a very good argument.

Gareth.



Jomtien November 14th 04 08:19 AM

"Scott" scott251170 wrote:

My concern is that they are now coming to fit another new box which will
only have a 2 month warranty.

Is this legal?


Yes with a but.

Sky can offer any sort of warranty they want. 1 day, 1 month, 1 year,
1 lifetime. It's entirely up to them. However, this doesn't affect
your legal rights. These are decided by law and the law says that
anything purchased must be "fit for the purpose" (that's to say a Sky+
should record and playback sat TV rather than make toast) and also "of
merchantable quality", which means (amongst other things) that it
should do its job "for a reasonable time". How long is "a reasonable
time"? That depends on the cost and nature of the thing purchased.
There is a 6 year theoretical maximum but the courts usually decide on
a period between 1 and 6 years.

If you have had an item break down repeatedly, and if you can show
that others have suffered the same, then you are in a very strong
position to get a replacement or refund, even well out of warranty.
Others have done this most successfully with the Sky+ which, by its
nature (hot hard drive in a very small box), will on average break
down far more often than a regular digibox.

--
Digibox problem? : A reboot solves 90% of these.
The Sky Digital FAQ:
http://tinyurl.com/6u4p9
How to get UK TV overseas: http://tinyurl.com/6p73
Fed up with logos / red buttons? : http://logofreetv.org/
BBC gone? : http://www.astra2d.co.uk/
----
Only the truth as I see it.
No monies return'd. ;-)

Ray Martin November 14th 04 02:50 PM

Unless I'm dreaming I'm certain the EU brought in a law some time ago which
said that all electrical goods had to be guaranteed for a minimum of two
years. I don't recall any of the details but I'm sure that was the gist of
the regulation. Can anyone throw any light on this or have I had a
brainstorm?

Ray Martin

"Jomtien" wrote in message
...
"Scott" scott251170 wrote:

My concern is that they are now coming to fit another new box which will
only have a 2 month warranty.

Is this legal?


Yes with a but.

Sky can offer any sort of warranty they want. 1 day, 1 month, 1 year,
1 lifetime. It's entirely up to them. However, this doesn't affect
your legal rights. These are decided by law and the law says that
anything purchased must be "fit for the purpose" (that's to say a Sky+
should record and playback sat TV rather than make toast) and also "of
merchantable quality", which means (amongst other things) that it
should do its job "for a reasonable time". How long is "a reasonable
time"? That depends on the cost and nature of the thing purchased.
There is a 6 year theoretical maximum but the courts usually decide on
a period between 1 and 6 years.

If you have had an item break down repeatedly, and if you can show
that others have suffered the same, then you are in a very strong
position to get a replacement or refund, even well out of warranty.
Others have done this most successfully with the Sky+ which, by its
nature (hot hard drive in a very small box), will on average break
down far more often than a regular digibox.

--
Digibox problem? : A reboot solves 90% of these.
The Sky Digital FAQ:
http://tinyurl.com/6u4p9
How to get UK TV overseas: http://tinyurl.com/6p73
Fed up with logos / red buttons? : http://logofreetv.org/
BBC gone? : http://www.astra2d.co.uk/
----
Only the truth as I see it.
No monies return'd. ;-)




Jomtien November 15th 04 07:27 AM

Ray Martin wrote:

Unless I'm dreaming I'm certain the EU brought in a law some time ago which
said that all electrical goods had to be guaranteed for a minimum of two
years. I don't recall any of the details but I'm sure that was the gist of
the regulation. Can anyone throw any light on this or have I had a
brainstorm?


You are entirely correct. For no obvious reason the current government
opted out of this legislation that has only benefits for the consumer.

--
Digibox problem? : A reboot solves 90% of these.
The Sky Digital FAQ: http://tinyurl.com/6u4p9
How to get UK TV overseas: http://tinyurl.com/6p73
Fed up with logos / red buttons? : http://logofreetv.org/
BBC gone? : http://www.astra2d.co.uk/
----
Only the truth as I see it.
No monies return'd. ;-)

Paul Hyett November 15th 04 08:44 AM

In uk.media.tv.sky on Sun, 14 Nov 2004, Jomtien wrote :
"Scott" scott251170 wrote:

My concern is that they are now coming to fit another new box which will
only have a 2 month warranty.

Is this legal?


Yes with a but.

Sky can offer any sort of warranty they want. 1 day, 1 month, 1 year,
1 lifetime. It's entirely up to them. However, this doesn't affect
your legal rights. These are decided by law and the law says that
anything purchased must be "fit for the purpose" (that's to say a Sky+
should record and playback sat TV rather than make toast) and also "of
merchantable quality", which means (amongst other things) that it
should do its job "for a reasonable time". How long is "a reasonable
time"? That depends on the cost and nature of the thing purchased.
There is a 6 year theoretical maximum but the courts usually decide on
a period between 1 and 6 years.


There is a statutory guarantee of 1 year on all new electrical products,
and *no* disclaimer can overrule that, regardless of what the person
selling you it might claim.
--
Paul 'US Sitcom Fan' Hyett




Scott November 15th 04 07:00 PM



There is a statutory guarantee of 1 year on all new electrical products,
and *no* disclaimer can overrule that, regardless of what the person
selling you it might claim.
--
Paul 'US Sitcom Fan' Hyett

Thanks Paul and everyone else for the input so far

Just had another discussion with one of the Sky staff who say that if the
new box being installed on Sat fails after the original date of Jan 26 then
I will have no claim against sky.
The boxes are all reconditioned as this was part of the deal under the BT
offer.

I'm wondering if i might be better claiming a refund now due to them selling
me faulty goods and then re ordering a brand new box. Does anyone think this
will help or is a brand new box likely to be just as unreliable

Scott




Tumbleweed November 15th 04 08:02 PM


"Scott" scott251170 wrote in message
...


There is a statutory guarantee of 1 year on all new electrical products,
and *no* disclaimer can overrule that, regardless of what the person
selling you it might claim.
--
Paul 'US Sitcom Fan' Hyett

Thanks Paul and everyone else for the input so far

Just had another discussion with one of the Sky staff who say that if the
new box being installed on Sat fails after the original date of Jan 26
then I will have no claim against sky.


What do they know? I would get it installed anyway, and if it fails within
the next year or two, make a claim under the SOGA act using small claims.

IMHO not much point in rejecting and buying a new one since;
a) It will cost you more.
b) a recon box *ought* to have had some reasonable soak testing before going
back out and should be just as reliable as a new one. There isnt much to go
wrong, I would imagine its mainly the disks that fail (Thats what failed on
my V1 box which was replaced by a V2). A recon box with a new disk in it
should be just as reliable as a new box with the same new disk in it.

FWIW Is the box installed in a place it might get too hot? Perhaps with
other stuff piled on it?


--
Tumbleweed

email replies not necessary but to contact use;
tumbleweednews at hotmail dot com



Scott November 15th 04 08:09 PM


FWIW Is the box installed in a place it might get too hot? Perhaps with
other stuff piled on it?


--
Tumbleweed



No it sits on a shelf on its own with plenty of space round about it for
circulation.

Ridiculous that Skys attitude is so bad that I will have to take them to a
small claims court over such a trivial issue.

Wouldnt it be great if some other organisation could outbid them for the
premiership rights and bring their whole cosy little monopoly crashing down
email replies not necessary but to contact use;
tumbleweednews at hotmail dot com






Tumbleweed November 15th 04 10:59 PM


"Scott" scott251170 wrote in message
...

FWIW Is the box installed in a place it might get too hot? Perhaps with
other stuff piled on it?


--
Tumbleweed



No it sits on a shelf on its own with plenty of space round about it for
circulation.

Ridiculous that Skys attitude is so bad that I will have to take them to a
small claims court over such a trivial issue.


You probably wont have to, just the threat will likely make them back down.

--
Tumbleweed

email replies not necessary but to contact use;
tumbleweednews at hotmail dot com




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