my samsung dvd player

aikenbarnsley

Just wondering if any one can help me i purchased a samsung dvd player and surround sound just over 13 months ago. I never really use it, it may get used once a month if that i dont even play my tv through it. i paid £350 i bought this on finance along with a samsung tv. now when i play cd s or dvd s it just jumps and stutters. ive been in touch with currys and they more or less told me to shove it. I have another years finance on it will this help me with it being out of warrenty.

d.edna

aikenbarnsley wrote: »

Just wondering if any one can help me i purchased a samsung dvd player and surround sound just over 13 months ago. I never really use it, it may get used once a month if that i dont even play my tv through it. i paid £350 i bought this on finance along with a samsung tv. now when i play cd s or dvd s it just jumps and stutters. ive been in touch with currys and they more or less told me to shove it. I have another years finance on it will this help me with it being out of warrenty.

Are the discs ok?

baddiebasher

Right. Lets break this up into the relevant areas.

Firstly, the item itself.
Sale of Goods Act 1979 implies into contracts that items are of reasonable quality and durability (amongst other things). Whether it is reasonable can depen on various factors such as price. So, would one expect a £350 DVD to last 13 months when used reasonably? I would say not. So there is a breach of contract.

Proving it.
As it is more than 6 months, it is for the seller to prove that the item is not of reasonable quality / durability etc. Probably the best way is to get an engineers report confirming such. However, you can simply use the maxim "res ipsa loquitor" - the thing is as said. This translates as "it's bleedin obvious!" - i.e - that a dvd player of this cost used reasonably should last longer.

Who to chase
Your contract is with the seller, so it is for them o sort anything out. They cannot fob you off by blaming the manufacturer. Nor can they even say so. Purporting to restrict your statutory rights is an offence. However you say this is on finance. If the finance co is separate from the seller (ie - a debtor-creditor-supplier agreement) then the financer is equally and severally liable for breaches of contract.

In short, you chase the seller or the finance company for a repair or replacement for the breach of contract. And you stcik to your guns over it.

d.edna

baddiebasher wrote: »

Right. Lets break this up into the relevant areas.

Firstly, the item itself.
Sale of Goods Act 1979 implies into contracts that items are of reasonable quality and durability (amongst other things). Whether it is reasonable can depen on various factors such as price. So, would one expect a £350 DVD to last 13 months when used reasonably? I would say not. So there is a breach of contract.

Proving it.
As it is more than 6 months, it is for the seller to prove that the item is not of reasonable quality / durability etc. Probably the best way is to get an engineers report confirming such. However, you can simply use the maxim "res ipsa loquitor" - the thing is as said. This translates as "it's bleedin obvious!" - i.e - that a dvd player of this cost used reasonably should last longer.

Who to chase
Your contract is with the seller, so it is for them o sort anything out. They cannot fob you off by blaming the manufacturer. Nor can they even say so. Purporting to restrict your statutory rights is an offence. However you say this is on finance. If the finance co is separate from the seller (ie - a debtor-creditor-supplier agreement) then the financer is equally and severally liable for breaches of contract.

In short, you chase the seller or the finance company for a repair or replacement for the breach of contract. And you stcik to your guns over it.

His discs could be totally unreadable?

alwaysonthego_2

I can't believe I am saying this but I agree with d.edna, the op should check his discs and try one of those cleaning dvd/cd before he takes it any further.

d.edna

alwaysonthego wrote: »

I can't believe I am saying this but I agree with d.edna, the op should check his discs and try one of those cleaning dvd/cd before he takes it any further.

Yeah was going to say to get a cleaner thing

aikenbarnsley

Ive tried nearly every disc ive got and i have tried a disc cleaner.

baddiebasher

Th OP did say that (s)he has tried various DVDs and CDs. that is why I did not mention cleaning or scraping them. Unless there us a severe lack of maintenance of such media.

lemmings999

If you get an independant engineer to do a report stating that the item is faulty and should have lasted longer than it did, either submit that to customer services or ask the manager of the local store to submit said report for you then currys will either arrange a repair or if that isnt possible a replacement or pro rata refund based on purchase price and expected life span of the unit,