Was the description of my LG monitor's warranty misleading?

In April last year I bought an LG monitor, which came with a three-year
on-site swap-out warranty.

In August it became faulty but the LG delivery agent didn't have a replacement monitor when he arrived. He said his instructions were to collect my monitor, take it for repair and return it.

When I called LG I was told it did not have a monitor of similar or higher specification available to swap out. It was eventually returned as uneconomical to repair. I was told to contact the retailer for a refund or replacement.

There is a clause in the warranty where LG reserves the right to collect units for repair if no suitable replacement is available but I consider the description of a three-year on-site swap-out misleading.
Adrian Myhill

A manufacturer's warranty, especially if it is extended, can be a useful feature if it is offered free. But people need to remember that these warranties are essentially ‘feel good' features. Mr Myhill did not pay LG for the monitor or the warranty and his contract is with the retailer.

We have not read the warranty's terms and conditions but Mr Myhill admits that it contained a clause allowing the company not to provide the swap-out if this was not possible.

This is not misleading or illegal. Although the terms and conditions of a warranty are legally binding on manufacturers if offered, they don't have to offer one at all.

A warranty is not a statutory law such as the Sale of Goods Act, so they can also limit the protection given providing this is outlined in the terms and conditions. For example many people have found out that warranties for laptops do not cover either the keyboard or the battery.

Mr Myhill said that the reason he bought the LG monitor was because of the three-year swap-out protection. But unless you read the terms and conditions to find the exclusions before you buy, people should not base a buying decision on a warranty.

He would only have a case for being misled if the warranty was aggressively sold by the retailer, and the limitations glossed over to such an extent that this influenced him to buy the monitor.

If this were the case he might be able to make an argument for being misled under the Consumer Protection Regulations (CPRs). In this case his claim would be against the retailer, not LG which is the manufacturer.

What the law says about misleading practices
The Consumer Protection from Unfair Trading regulations were introduced in 2008 and place a responsibility on retailers to act honestly and fairly towards customers. The law is quite wide ranging but there are 31 practices that are deemed to be unfair in all circumstances and have been banned outright.

The law also guards against retailers providing misleading information, including incorrect pricing and about the main characteristics of a product.