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Faulty TV
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carol47
Posts: 7 Forumite
In December 2007 I bought a Philips tv from Amazon (direct, not third party) It has now developed a fault and I contacted Amazon who told me that as it was out of it's 1 year waranty there was nothing they could do. I quoted SOGA and the answer was 'I'm not a lawyer so I couldn't comment on that. He told me that he would get someone to send me an e-mail about this. The e-mail I received today states:
Under the Sale of Goods Act, a consumer is granted recourse against a seller of goods if those goods were defective at the time of purchase. This may include, in certain circumstances, repair, refund or replacement but only to the extent that doing so is not disproportionate to the value of the goods, having regard to the use the customer has already had of the goods and the nature of the goods.
Your item was dispatched to you on the 3rd of Dec 2007and, until recently, you have used it successfully and reported no fault with the product. As you used the product satisfactorily for a period of time which exceeded the manufacturer's warranty period, it is not established that the product did not conform to the contract (i.e. was defective) at the time of purchase.
Given our obligations to you under the Sale of Goods Act and, taking into consideration that you have used this product, without experiencing problems (to our knowledge), for a substantial period of time we will not be offering you a repair, full refund or replacement.
However, although we do not have an obligation to do so under the Sale of Goods Act or otherwise,as a gesture of goodwill we can offer you £65 towards the cost of repairs or alternatively an Amazon Gift Certificate of a value of £85 towards your next Amazon.co.uk purchase. Please confirm if you wish to accept either of these offers as a full and final settlement in this matter and I will make the appropriate arrangements.
Can anybody advise me as to where I go from here.
Thank you
Carol
Under the Sale of Goods Act, a consumer is granted recourse against a seller of goods if those goods were defective at the time of purchase. This may include, in certain circumstances, repair, refund or replacement but only to the extent that doing so is not disproportionate to the value of the goods, having regard to the use the customer has already had of the goods and the nature of the goods.
Your item was dispatched to you on the 3rd of Dec 2007and, until recently, you have used it successfully and reported no fault with the product. As you used the product satisfactorily for a period of time which exceeded the manufacturer's warranty period, it is not established that the product did not conform to the contract (i.e. was defective) at the time of purchase.
Given our obligations to you under the Sale of Goods Act and, taking into consideration that you have used this product, without experiencing problems (to our knowledge), for a substantial period of time we will not be offering you a repair, full refund or replacement.
However, although we do not have an obligation to do so under the Sale of Goods Act or otherwise,as a gesture of goodwill we can offer you £65 towards the cost of repairs or alternatively an Amazon Gift Certificate of a value of £85 towards your next Amazon.co.uk purchase. Please confirm if you wish to accept either of these offers as a full and final settlement in this matter and I will make the appropriate arrangements.
Can anybody advise me as to where I go from here.
Thank you
Carol
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Comments
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You would need to seek a report showing the TV was inherently faulty, not fit for the purpose or non durable to have a SOGA claim.
Even then your only entitled to a repair/replacement/refund (partial).
Given the TV is almost 18 months old I think an £85 gift voucher or £65 to repairs may well be reasonable0 -
How much was the TV? Are we talking 42" plasma or 15" combi tv/DVD?Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
The TV is a Philips 32pfl5522D 32" Widescreen HD Ready LCD TV -with Freeview. Cost £439.99. I am not prepared to accept that it should only last one year (manufacturers warranty).0
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It has lasted 18 months and needs a repair.
They have offered £65 towards that repair. Seems pretty reasonable to me. If it turns out its not salvagable you need to get proof that it was inherently faulty or non durable. In that case you may be able to claim for a repair/replacement or partial refund.
At the moment you have no legal basis for any more. you need to find out how much it will cost to fix and whats wrong with it and why.0 -
The TV is a Philips 32pfl5522D 32" Widescreen HD Ready LCD TV -with Freeview. Cost £439.99. I am not prepared to accept that it should only last one year (manufacturers warranty).
Whether you accept that or not is neither here nor there.
You are not entitled to a refund OR replacement OR repair unless you can prove the TV had an inherent fault AT THE TIME of purchase.
It is highly unlikely you could so the offer is very reasonable.
(Have you asked Philips where they stand).0 -
Have just contacted Consumer Direct who tell me that I am entitled to a repair or replacement and as such I have sent a letter to Amazon asking for a repair or replacement within 14 days. If there is no reply to this I can ask my credit card company to reimburse the monies. So according to law I am within my rights.0
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Consumer Direct are full of !!!!. They are not your rights.
To have the right to a repair you have to show a breach of the SOGA act which means you need an engineer report to say the TV was either faulty, not fit for the purpose or not durable. Without this Amazon can tell you were to go.
Your credit card will not reimburse you as you have no legal rights to that as no breach of SOGA has been shown.0 -
Sorry but that is rubbish and you have been totally mislead if that is the truth.Have just contacted Consumer Direct who tell me that I am entitled to a repair or replacement and as such I have sent a letter to Amazon asking for a repair or replacement within 14 days. If there is no reply to this I can ask my credit card company to reimburse the monies. So according to law I am within my rights.
In fact, i am that certain this is incorrect, i will buy you a new TV if that is the case.
14 days - wrong....even if that was the case it is 60 days iirc
Credit Card most certainly WILL not get ibvolved with specific evidence.
Consumer Direct cannot possibly advise this without any kind of evidence.0 -
Woody, thank you, shall I send you my address so you can get my new TV delivered.
I had a report done which said that the screen needed replacement.
Consumer Direct were very helpful and gave sound advice which eventually resulted in a successful outcome, the details of which I am forbidden to disclose.0 -
I had a report done which said that the screen needed replacement.
Yes, no one is denying that it may need replacing, thats what the £65 offer is for.the details of which I am forbidden to disclose.
Why who said?0
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