Introduction: The 6 Year Rule, and why not all Engineers ‘wear capes’ - but might be ‘heroes’ when disputing Repairability matters. In the UK, you may have 5 years more protection than you think!
It’s Not Necessarily ‘Game-Over’ After 1 Year Guarantee Period.
Stop me if you’ve heard this one before… You have a broken device, and it’s 1 year out of guarantee, perhaps by a couple of months. You’ve not done anything stupid to damage it, nor has it had excessive wear and tear - but it just stopped working, or broke unexpectedly!
You go to the store you got it from, or contact the customer support, and are told ‘sorry, it’s out of a 1-year guarantee, we can’t help you’. Familiar? Annoying? This is the article for you!
(And even more so if you’re an Engineer, working at a Repair Cafe, or happen to know a technical person who might be able to help you with this knowledge!)
Credits: Which? (A well-respected consumer rights company), secret filming of notable companies (in UK) all either ignorant of the law, or actively evading it, as a ‘secret shopper’ asked for help with returns/repair. Taken from YouTube video (link).
This is perhaps *so* familiar, you don’t even bother to think twice, and perhaps after trying once in the past, you don’t even bother to call - and just resign yourself to the fact you’re not realistically going to get a refund. At best, you may try to repair it yourself or ‘sell for parts’ on eBay. If you are really committed, you may take it to one of 4000+ Repair Cafes worldwide. But it’s likely you're busy with life, have bigger issues, and you resign yourself to the somewhat depressing fact that this is destined for recycling. But did you know that 500,000 tonnes of e-waste are either lost, hoarded, or illegally disposed of within the UK, according to Material Focus. In the past, you tried, but this ‘1-year guarantee thing’ is always an impasse…. well, not any more!
Know Your Rights: From ‘Average Joe’ to ‘Michael Moore’ in Under 223 Seconds.
And you only need a short, easy-to-understand video from Which? - to go from ‘Average Joe’ to a lesser version of the political activist, ‘Michael Moore’ in just under 4 minutes!
So, charge-up your inner-Sheldon with facts, and prepare to do battle for the Planet. Because, like 99% of Engineers I know, you like ‘knowing your rights’, and ‘being right’...am I right?!
Which? Video. https://www.youtube.com/watch?v=uBp-HpF-aNw
When Legislation Grows Teeth.
Likewise, if you’re a Designer, or Engineering Manager, or C-Suite Director in a large company, this is a warning shot to be ready for for yet another reason to take Right to Repair legislation seriously, as most people know a ‘Sheldon’ (or “Maven” if you prefer Malcom Gladwell’s more erudite label), and it’s only a matter of time that people come into store quoting the both the CGA and newer DMCC legislation...
Make no mistake, this is not about tolerating a few pedants, like me, and treating this like a ‘cheat code’ which unlocks companies to reluctantly give a replacement to just ‘shut them up already’. Be warned, just for giving us the ‘run-around’ - there are serious penalties - around 10% of global turnover for being in breach, according to legal firm Eversheds.
And we all know how quickly people film things these days, to post on social media. It’s a bad look to have untrained staff, for example, at the usually reputable John Lewis, in the Which? video. Speaking personally, from my direct experience, John Lewis has been upfront with me about the 6 Year Rule without even being prompted when I’ve visited. So clearly the issue is training all, not just some staff. (Or to be more blunt, ask to speak to the Manager if in doubt).
Above: Excerpts from Eversheds on the DMCC and CMA guidance. Highlights in blue are the author’s.
Why Engineering Knowledge is Powerful.
Perhaps like me [before starting this Fight to Repair series] you perhaps didn’t know you still had some options you didn’t even try, and given that the likely readership of RS DesignSpark is a technical person, or perhaps an Engineer, you are actually pretty well qualified to have near-Lawyer-like rebuttal of this, using the Consumer Goods Act of 2015 (which replaces The Sale of Goods Act 1979), which “requires goods to be as described, of satisfactory quality and fit for purpose”.
However, not to get your hopes up, this is not saying that if you buy something from a Pound-Store you can expect a refund it if doesn't last for 6 years, and no, if you buy something like a domestic Lawn Mower, but use it to run a football-pitch-mowing business, mowing 3 pitches a day, and then complain it wore out after 2 years, you have to be ‘fair’ also.
Some excerpts from Which? help illustrate this, below, links for full details. (Link 1) (link 2).
Another good tip is that as an Engineer (or asking an Engineer, or an appropriate person at a Repair Cafe) to give some impartial advice may well help your claim. (If you are an Engineer, chances are you know another one who can act as an independent verifier (to you) of the issue you’re raising). This does not mean your Engineer buddy will automatically ‘take your side’, and please be aware Engineers are bound by a code of conduct, so if they say “nah, sorry, I can tell you totally dropped that phone in the toilet, I can’t vouch for you, saying it was ‘wear and tear’!”, please respect this is legally equivalent to asking a Doctor to lie about your sicknote, (they can be struck-off, even for a ‘small’ breach of conduct). So, not saying you’d do this, but realise they are not a rogue lawyer like Better Call Saul, and have to act objectively and honestly always.
One final tip from the excerpts above is to always pay with a Credit Card. This gives you some pretty solid protection, as interestingly, legally speaking, it is the credit card company that ‘paid’ for the goods, not you (you borrow it on credit, and have to pay it back), so you are covered by the might of the Credit Card Company. Conversely, with a Debit Card, *you* paid for the goods directly as a balance transfer, so you’re not covered. Sounds like a small thing, but always worth doing for the small amount of effort. (It’s also good for your credit score). Please note this is not financial advice, but do read up on Which?’s great summary (link). As an aside, I highly recommend The Psychology of Money if you want to get a fresh perspective on understanding your finances and more tips like this.
Getting back to Engineering, what you’re essentially trying to argue (or asking an Engineer, or perhaps Repair Cafe helper, to help corroborate), is that you need to establish:
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The fault was, in all reasonable probability, caused by a ‘manufacturing defect’.
(ie it was destined to fail prematurely or through normal use, and hence not ‘fit for purpose’). -
The faults were created through ‘reasonable usage’. (‘Good condition’ helps imply this).
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You have not ‘misused’ or ‘abused’ the product. (This is for Insurance).
- This would give fair argument that this was a fault which was present at time or manufature, or was so poorly designed it had little chance of not failing in normal use.
When writing this, I also felt as part of my interest in ‘Applied Journalism’ - ie not to just be a ‘keyboard warrior’, but to ‘test’ if this is truly the case, first hand. So I’ve tried - and so far so good..
Field Notes.
I’ve actually been aware of this law since writing the Fight to Repair series, but was needing to ‘get my facts right’, as I embark on this foray into law and legislation that is new to me. The good news is, you can take confidence that this has been covered by experienced UK journalists, from the Guardian to the Mirror, and the ‘king of consumer rights’, Martin Lewis, of MoneySavingExpert. So I think we’re on a firm footing.
Above: Excerpts of Consumer Goods Act reporting, and successful claims. Guardian, Mirror, and MSE.
But does it work in practice? Not everything you read in papers tells the full story, but I have personally tried these methods, and so far they have proven reliable. Indeed, to give Apple their due, they were the first company to tell me about this, as I had an issue with my iPhone SE (2nd Generation) after only a few years of use.
Above: The start of my screen coming loose on my iPhone. Apple kindly fixed the issue for free, after 2-3 years since purchase (ie outside of 1 years guarantee).
The screen had started to ‘detach’, such that when you touched the screen, it would feel loose for about 0.5-0.75mm. Not a lot, but it means that it was not sealed and would only get worse over time. So hence why I took it back. I explained that I don’t put my phone in my back pocket, and nor do I wear skinny jeans, so I don’t see how I could have ‘bent’ the phone or put it under undue stress. In short, the ‘Apple Genius’ agreed something was amiss, and explained I was covered for this sort of thing [likely manufacturing defect] by the Consumer Goods Act for 6 years from purchase. He also explained this is also why it was a good idea to buy it from an Apple Store, as if I purchased it from say Amazon, I would have to negotiate with them [I understood this to mean it may be more arduous, though this was not explicitly said].
To break this down, Apple could have refuted the claim if, for example, I had dropped it, as this would shift the issue to ‘accidental damage’ or indeed ‘wear and tear’. However, the ‘Apple Genius’ joked that it was in "mint condition", he could tell I took good care of my gear, so in all fairness, it was hardly my fault. I commend Apple for their honesty on this and, indeed any ‘benefit of the doubt’ given, and this is that if you are paying a premium, this is reasonable to expect after-sales consumer relations.
The Catch22 Diagnosis Issue
I didn’t have to prove that my iPhone definitely had a manufacturing fault, but rather I had to show ‘beyond reasonable doubt’ that it was not wear and tear, and not accidental damage from misuse.
Perhaps with a more adversarial or reluctant vendor I may have had to be more bullish in the evidence I put to them, and one has to balance one’s sanity attempting to claim a ‘moot point’, with the financial compensation likely to be given if successful. With that said, there is a ‘Catch22’ in that it may not be able to prove a fault without taking it apart. Let’s say you have a fault with the connector from the battery to the main circuit board, I would have been hard pressed to prove this, and again, this is where the item looking in good condition is perhaps your best bet.
Indeed, many companies state ‘warranty void’ if opened by a non-authorised repairer / public, so this is a grey area of the law which the coming legislation hopes to address for exactly this issue of proof. The current intent of the law is to say that companies need to have a credible path of repair or replacement open to the consumer, for exactly this sort of reason. However, as described at length in my Fight to Repair Blog - Part 6, that presently a vendor or manufacturer does not have to make this easy or affordable… So again, this is where we need legislation to ‘level the playing field’ to make fairer chances of a genuine fault being acknowledged, whilst still not swinging to the other extreme of consumers ‘taking the mickey’ and getting new stuff every few years for a tiny issue.
You may also want to check out Restart Project in the UK, as they are following the legislation closely, and also work with other great initiatives like iFixit in the US to try to push for better standards.
So, Are Companies Just 'Evil'?
As much as it’s attractive to have a ‘Fat Cat’ narrative of ‘Them vs Us’, one can hopefully empathise that this needs to be gauged just right, as if too much in the manufacturer’s favour and the consumer gets ‘given the run around’ and perhaps has no success claiming on a legitimate dispute.
However, if too much in the consumer’s favour, then the average startup will not be able to survive any sub-par product issue, and may end up being forced to be more like some ‘in and out’’ vendors, (you can guess who I’m referring to), who simply operate for a year, then close the company, only to reopen a new legal entity, selling similar goods, thus cunningly avoiding any responsibility for any products starting to fail in significant volumes.
If you’ve ever caught yourself saying ‘they should do [enter virtuous thing]’ - this usually carries the hidden tension of why things are never so black and white. The job of legislation is to frankly assume the worst in people and set the law so it works in spite of less honest human nature. Academics prefer to call this ‘Game Theory’, or ‘Behavioral Economics’, and the example I just taught my young son when sharing cake with friends is ‘one of you cut it in half, the other pick which half’ - which if both are equally keen to get as much cake as possible, this sets a very strong incentive for the ‘cutter’ to be as accurate as possible, and any also means the ‘chooser’ can pick the most appealing slice, which usually has very little difference in it.
It is tempting to quote ‘the good old days’ when washing machines could be repaired by a handyman, but again, we need to be honest about the shift towards White Collar professions, which have in part meant that ‘trades’ such as ‘repair/service person’ are not economically viable, especially as our desire for thinner, smaller, more powerful consumer goods means that electronics are not able to be fixed with a solder iron, a bit of gaff-tape, or a skilled knock of a hammer.
A Resurgence of ‘Designed for Repair/Upgrade’ Products. It starts with startups.
My personal hunch is that this ‘shift’ will be led by startups, who are willing to offset some of these issues by making products which are ‘designed for repair’ (as a consumer plus-point on ethics, but also to make profit), but also ‘designed for upgrade’ (to make additional money and to keep products ‘relevant’ and not become defunct).
Just as it ever was, this process of societal and technical change will surely start with Startups, and I have covered some of these in previous blogs on Repair and Repair Cafe Culture. I hope that any larger multinational tech companies (e.g. Logitech x iFixit) might also get in touch to share their journey to inspire other large companies to follow suit.
Until then, please check out Repair Cafes, as if you are a designer, engineer, or just care about sustainable design, this is a great way to see the ‘best and worst in class’ of what happens after some years of use. And indeed, Repair Cafes may have people who can help you know if you have a ‘case’ to refuse any resistance from a vendor/manufacturer in the uncertainty of what is the cause of a fault.
As a closing note, if you are in the US or other countries invested in such matters covered, I'd love to hear how the lanscape is changing for you also. Please get in touch... (link) and/or follow me on LinkedIn.
Check out your local Repair Cafes - not just good for disputes, but also full of nice folks, who are passionate about giving things a go and trying to fix things. You may even have skills to contribute.
Faults vs Maintenance - When to Stay Calm and Check For Basic Issues.
It’s worth saying that as much as I’ve been writing here about the OUTRAGE of being ‘fobbed off’ for a manufacturing defect, the other reason to ‘take a deep breath’ and visit your Repair Cafe (or have a go first as diagnosing the issue, if easy and safe to do so), is that the fault may actually be ‘maintenance’.
Being not high-voltage or high risk to disassemble, and with ‘nothing to lose’ being over 6 years old, so no good for even Consumer Goods Act; my wife’s computer mouse had stopped ‘scrolling’ smoothly, becoming ‘jittery’ - and after a quick look inside, two things became clear: i) it needed a good clear out of all the fluff that may have been impeding the sensors and mechanics, but also ii) sometimes things are not broken per se, but also are in need of some ‘TLC’...
Image: TLC: Tender Loving Care - a much-needed ‘freshen up’ inside my wife’s much-used mouse.
As can be seen, this is not a complex repair/maintenance job, needing only 2 (‘cross’) screws to get inside, with no specialist tools, or fiddly snap-fits to pry open. I think this is kudos to Belkin for making an ‘honest device’, which can be easily accessed, without intimidating ‘void if removed’ stickers, as let’s face it, a mouse is not a ‘risky repair’.
However, as designers, the question remains of ‘why didn’t my wife do this herself? ’ I suspect some of it is simply that she knows I’m better at this, and a fair ‘trade or services’ is going on behind the scenes, (and she’s proofing this article, as she’s a much better professional copywriter, and editor than me!), but even putting this aside, I wonder how designers might better encourage repairs and maintenance to be more commonplace...?
Another great tip is to use your phone to check if a fuse is blown. Anecdotally, I'm told a lot of appliances are 'working' but just have had a fuse blown, so this is worth checking before you get the screwdrivers out! All these tips and tricks are found in Repair Cafes, and it's a great place to learn as well as share.
A Final Note For Designers
I recently ran a workshop at Oxford University, where I brought along a range of old and relatively new appliances I'd scavanged, so we could 'teardown' and learn about design choices.
One item in particular caught my attention - the BUSH CD Player...
The company, BUSH seems to have been doing this since the 1990s when this DC player was being sold. Yet they have a adequate legal warning, essentially advising people to 'stay out / don't disassemble - unless you know what you're doing!!', but if you do, they've kindly labelled the screwdriver/screwholes positions - so you can find them easily. I should add, it only needed 8 screws (all non-exotic, Philips), to get in, and I was inside the machine. I suspect nowadays you might need a security screw (e.g. Torx) for some extra safety, but I'd also say not to get carried away here! And if you're wondering why Security Screws are a 'big deal', please read Part 5A, on Repair Cafe Culture. In short, try to keep these to a minimum, they are not helping repair, only creating more eWaste in most cases.
Anyway. I hope you've enjoy this and hope it's useful in keeping your items in play for longer, whether leveraging Consumer Goods Act in your favour, joining a Repair Cafe, or trying one last time for a basic repair.
Please do check out the rest of my writing on Repair, and I hope you'll post any questions here, or look me up on LinkedIn. Thanks!
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