Consumer rights...faulty TV

B

Bocht

Guest
Hi folks,
Maybe one of you could give me a few pointers on a problem I have. Basically I bought a TV from a well known nationwide retailer. Within the first six months the TV frequently switched itself off and back on again later. I phoned the retailer who put me in touch with the service agent. The service agent arrived out but couldn't find anything wrong. I was concerned that this may lead to a problem down the road when the 1 year warranty expired but he told me since I had reported it within warranty that I would be OK.
Problem reoccurred and service agent arrived out and replaced a card saying this would fix the problem. Problem still reoccurred intermittently but I felt I was fighting a losing battle so I decided to live with it. I lived with this for approx 11 months after the last service repair 'fix' at which point the TV switched off and will not come back on since.
I've spoken to the retailer and the manufacturer who both blame each other. They also say that since the original 1 year warranty has expired that basically it's just 'tough'!!

My question after all that is, do I have any form of comeback?
OK, I know the warranty has expired but this problem was flagged well before expiration date, has had 2 repairs and still does not work.

Any help greatly appreciated,

Bocht.
 
Small Claims Court.


Start by writing a letter explaining what you just explained and bring it to the retailer (that's who is responsible). Present it to the Manager and in the letter say that if you can't get a replacement TV or refund you have no choice but to proceed through the small claims court.

You can also contact the director of consumer affairs
[broken link removed]

See this in particular
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Note items 7 and 9 in particular.

Good luck.

-Rd
 
Thanks daltonr for the prompt reply.
I'm about to pursue the legal route but after presenting my case to the retailer based on info gained from the ODCA they are still adamant that they have no liability since the 1 year warranty period has expired. When I said I would be taking legal action they simply said "OK"! I would have thought that since according to what I have read on my consumer rights they would offer a no hassle replacement. I was starting to wonder if I was missing something...they just sound so sure that I have no case which I can only put down to intimidation tactics.

Bocht
 
Bocht said:
I would have thought that since according to what I have read on my consumer rights they would offer a no hassle replacement.
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[broken link removed] (my italics):
Your rights when things go wrong.

If goods are not of merchantable quality or are not fit for their purpose or are not as described the consumer is entitled to a remedy.

If the reason for the complaint is not trivial and is discovered soon after purchase, the consumer is entitled to reject the goods and insist on a full refund provided prompt action is action is taken.

If the goods have been used for some time, or if there is undue delay in making the complaint, or if there is reason to believe that the goods have been accepted, the consumer's entitlement, at best, may be to a repair or to a partial refund.

There are no hard and fast rules as each case has to be considered on its merits.

 Repairs…must they be accepted?

Where goods have been used for a time and subsequently prove faulty the right to reject them may be lost. In such circumstances a repair or replacement may be the proper solution. A repair should be permanent. The circumstances of each case point to the appropriate remedy. For example, one cannot expect second-hand or 'shop soiled' goods to be of the same standard as new goods.
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When in the first 6 months of use did the fault arise?

You should not have to deal with the manufacturer. Your issue is solely with the retailer. If the TV is in warranty then the terms & conditions of that warranty should make clear what is covered. However your statutory entitlement to a replacement or repair may override the warranty.
 
It isn't a Hitachi PD6600 plasma by any chance? Had the same issue, albeit it went terminal after only 3 months. Took a lot of phone calls to get that sorted even then.

How long ago was the repair caried out and what kind of warranty was provided with the repair? Was it 11 months since the repair? How old is the TV now?

Lesson here is not to live with glitches like these, they can often be a sign of worse things to come, and these things have a nasty habit of happening just outside warranty.

Search the web for similar issues with the TV model, these may assist in backing up your story.
Leo
 
I do specifically recall someone, I think the Director of Consumer Affairs, giving examples of consumer rights on radio, and a Faulty TV was used as an example.

Just because something is outside Warranty doesn't mean you don't have a case to have it replaced if it breaks down. While the warranty may be 12 months, there is a reasonably expectation in buying a TV that it will last longer. How much longer is debatable, but breaking within even 2 years would be considered unreasonable. 5-7 years minimum I'd have thought.

Her point was that if your goods break down a few weeks outside warranty, many people may assume they have no leg to stand on, or may be told that by the retailer. It isn't true (unless the law has been changed since she gave that interview).

-Rd
 
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