Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Have they offered you an alternative or compatible option at all?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
No problem at all. I will get back to you at the earliest opportunity. Many thanks
Many thanks for your patience. unfortunately it is not necessarily going to be good news. The legislation that protects you was the Sale of Goods Act, now replaced by the Consumer Rights Act.
The law says that when a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.
The goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.
If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:
1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.
2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.
A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale.
So basically your rights are only against the seller, not the manufacturer and now that you are outside of the warranty period you cannot hold the manufacturer liable in any way. Also your rights against the seller are only valid for 6 years which is the time limit within which a formal claim must be made if they did not adhere to the legal obligations they had. If the camera was bought in 2007, then this would mean you are some 3 years out of time to make any sort of claim.
The only way to resolve this may be to try and fix it privately or by finding a place that may keep such spare arts, for example salvaged from old models of these cameras.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
No such legislation that I am aware of and my research has not found anything of the sort either. I have also consulted several colleagues and they are all in agreement that no such specific legislation exists. There are a couple of short articles on the subject and whilst it relates to slightly different industries, the position is the same:
Hope this clarifies
I completely understand your points and frustration. But technology has to move on and eventually it will become unsustainable for companies to provide support for all historical products they have manufactured. I know what the ideal situation would be and agree with you, but then we have to consider what the actual legal position is too. And in the circumstances, it is unfortunately not favourable to your situation.
Yo are welcome and sorry I could not bring more positive news. I would still try and psh them for some compensation for this, perhaps discount on any products
The only issue is that this would be a decision based on goodwill rather than law
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Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.