Section 75 - Tricky One

Biscuitman73_2

I purchased an LG Plasma TV from Makro (Trade Wholesaler not Retailer) for £799 14 months ago.
TV has broken down - main processor has gone (probably faulty manufacture) and TV only guaranteed by LG for 12 months.
Not worth the cost to repair it.
Makro don't want to know as they are a wholesaler and therefore not subject to same rights as a Retailer (their terms and conditions only) and neither do LG who just say the guarantee has run out.
Have I any right to a refund under section 75?

Biscuitman73

Moon_Boi

Biscuitman73 wrote: »

I purchased an LG Plasma TV from Makro (Trade Wholesaler not Retailer) for £799 14 months ago.
TV has broken down - main processor has gone (probably faulty manufacture) and TV only guaranteed by LG for 12 months.
Not worth the cost to repair it.
Makro don't want to know as they are a wholesaler and therefore not subject to same rights as a Retailer (their terms and conditions only) and neither do LG who just say the guarantee has run out.
Have I any right to a refund under section 75?

Biscuitman73

Under section 75 , customers can claim against a supplier for breach of contract or misrepresentation. If the guarantee was for one year and your tv has developed a fault after 14 months, i doubt you would have grounds for a claim.

nzseries1

You sound like you expect Section 75 to be a free extended warranty - it isn't.

The Ulster Bank Gold MasterCard does actually offer a free extended waranty on purchases of appliances between £75 - £1000 if you purchase the applicance on the card. Might be worth getting a card like that if you're going to buy expensive electrical items.

exel1966

Biscuitman73 wrote: »

I purchased an LG Plasma TV from Makro (Trade Wholesaler not Retailer) for £799 14 months ago.
TV has broken down - main processor has gone (probably faulty manufacture) and TV only guaranteed by LG for 12 months.
Not worth the cost to repair it.
Makro don't want to know as they are a wholesaler and therefore not subject to same rights as a Retailer (their terms and conditions only) and neither do LG who just say the guarantee has run out.
Have I any right to a refund under section 75?

Biscuitman73

It matters not that MAKRO are a wholesaler. You are still covered under the Sales Of Goods Act and the Consumer Credit Act section 75 if purchased on credit. The guarantee does not matter one iota as your statutory rights within the law protect you.

All goods have to be fit for purpose when sold and a £799 TV would be expected to last for anything between 5-10 years, NOT 14 months. You have grounds to claim for repair or refund as the goods were probably faulty on purchase.

Biscuitman73_2

No, I don't think section 75 is an extended guarantee but any reasonable person would expect an £800 TV to last longer than 14 months which brings into question whether the goods were fit for purpose. It appears that the Wholesale terms and conditions take away your consumer rights so where do you go when something major like this goes wrong after a relatively short period of time?
The main processor is basically the TV itself and makes it totally uneconomical to repair. Has anyone got any other ideas as I appear to have no rights at all.
Biscuitman73

Biscuitman73_2

Hi Exel1966
I am advised by the Trading Standards officer that purchasing from a wholesaler is completely different and they are not governed by the sales of goods act which is only applicable to Retailers.

exel1966

Yes it is different, but certain parts of the Sale Of Goods Act still apply whether retail or wholesale. I'll try and find something.

EDIT : There was a case last year like this on a very similar subject which was on the web, but I now can't find it, will keep looking. Contract law came into play, but it was deemed not applicable in the case of the faulty product.
You could always claim under the CCA.

Tozer

I agree with Exel. You were dealing as a consumer. They were dealing as a business. I can see no reason why the Sale of Goods Act does not apply.

Biscuitman73_2

Thanks for your support but I just googled it and got this example of someone with the same problem.

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Be aware, Makro is a wholesaler. Do NOT buy anything that you expect them to replace or repair under the terms of the Sale of Goods Act. They will refuse! This is NOT the same as buying from Currys or some other consumer retailer. YOU HAVE BEEN WARNED!My parents bought a TV from them 18 months ago, it broke down this week. Using info from Which and varios other consumer sites I armed them with enought material and evidence to back up their claim for a repair.
Their response, sorry we're a wholesaler, we're not bound by the Sales of Goods Act in the same way as other retailers. They then refused point blank to discuss the issue any further.There is no mention of this when you purchase items, it's not pointed out that when you buy goods from them, you relinquish your rights as a consumer under the Sale of Goods Act.
I would adivse anyone to think twice before buying anything non-perishable from Makro.

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Any further help of course would be gratefully received.

mandi

If Makro are refusing to refund you or repair, a quick call to tradingstandards will help you sort the problem out.
I agree entirely with Exel here. Makro dont legally have a leg to stand on ...

Tozer

Just because Makro say it, doesn't mean that it is right.

Makro will be taking the view that as they sell to members, then they are buying for business purposes. Therefore, it is possible to exclude the Sale of Goods Act. However, you are ACTUALLY dealing as a consumer - therefore the implied terms of SOGA cannot be excluded.