Originally posted by justinr But they must apply to any goods no matter what category they fall under. Consumer law is there to protect the consumer irrespective of the item and certainly the wording I pasted in from the citizens advice site is deliberately broad to ensure all goods are covered. If there is no chance of redress then the manufacturers and shops can get away with selling any old junk and then walking away from it.
The warranty issue is an interesting one for as I understand it the retailer whom your argument is with in law (not the manufacturer) does not have to offer any sort of warranty or agree to a refund or replacement within 12 months, all he has to do is ensure that the goods meet the criteria already mentioned. In fact I do wonder if we would not be better off without the whole warranty thing because as noted it allows manufacturers to produce goods that will operate for a given period before replacement at the customers expense. If there was no such warranty agreement then the customer may argue that light use of the camera (for example) means that after 18 months of ownership it should still function properly. Conversely the retailer could argue that after 6 months of heavy use it need not be responsible for the item. Warranties are just a convenient way of settling arguments before they happen but they are not a panacea or legal requirement.
This is a discussion I have had before with one of my other wallet draining hobbies (fountain pens). IMHO, the retailer should not be held liable for the quality (or lack thereof) of a product. The only way they ever should is if they have a hand in the product you get (setup, final qc, etc) and even then it should be limited only to those things they directly effect. The retailer did not design or build the product, they simply made it more convenient for you to obtain said product and they get a small amount for providing that service.
If I buy a camera from you, even though you might be an experienced photographer and have a good understanding of the optical theory and operation unless you are a computer and electrical engineer you likely will know next to nothing about the complex operation of the VLSI ICs and algorithms used by the firmware to make the picture... why then would I hold you responsible for the operation or reliability of the product?
As for warranties in general, they are an admission that at our current level of technology we cannot manufacture items that are infallable. In theory a warranty should last long enough to ensure that there are no defects in the materials it's made of and that it was not improperly assembled. Anything after that enters a very difficult gray area. Using my camera as an example (K100D Super) white balance is awful indoors - should Pentax replace the camera or write new firmware to fix that?
Keep in mind too that no product ever made lives up to it's advertising so many people buy all kinds of products with expectations that cannot be fulfilled. While I would say that reasonable expectations must be met by a product our court system is a shining example of the complete and total death of common sense and so that makes a difficult situation much worse. Referring back to my camera example, did Pentax fail to deliver because the automatic white balance doesn't live up to my preference? It does work as it will change white balance it just does a poor job indoors. Technically it failed to do what it says because it will not properly adjust OTOH, is it a major failing if I have to spend 5 seconds to manually set for incandesant lights? If so, should they send me a rebate, rewrite the firmware, replace with a newer camera???
As far as a sliding warranty like you state, I would say in the case of a camera at least... tie it to shutter actuations otherwise you'd have a warranty 38 pages long of what constitutes light use, moderate use, normal use, heavy use, excessive use and how those multiple definitions effect the warranty time and liability... I do agree though that a simple 3 month/12 month type of warranty is typically inadequate.