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plasma tv 2 weeks out of warranty

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  • deanos
    deanos Posts: 11,241 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    istanbul wrote: »
    it says you may have to prove that the fault was not down to misuse or wear and tear.
    it doesnt say you have to prove it tho.
    its a bit confusing

    Comet have agreed so you didnt have to prove a inherent falt, but they could have done if they wanted to be funny about it.
  • rich_months
    rich_months Posts: 110 Forumite
    istanbul wrote: »
    got this from consumer direct
    Your statutory rights

    In the absence of any warranty and as we have pointed out several times, the retailer is automatically liable for any faults which develop within the first 6 months. After this time, you may have to prove that the any fault was not down to misuse or wear and tear, although factors such as price paid, model specification, the length of time you have had it (and the length of time it should reasonably last) etc will also be taken into account. Therefore if you buy something which should last around 7 years but has broken down after a year or even after 3 years, the supplier has a duty provide a satisfactory repair – or if this cannot be done, a replacement. If neither a repair or a replacement can be agreed on then the shop can give you vouchers towards the cost of an alternative replacement or a partial refund. Whatever happens, whenever it happens, and whatever remedy you choose, your first and only port of call should be the retailer.

    it says you may have to prove that the fault was not down to misuse or wear and tear.
    it doesnt say you have to prove it tho.
    its a bit confusing

    It does say you have to prove it.

    After this time, you may have to prove that the any fault was not down to misuse or wear and tear, although factors such as price paid, model specification, the length of time you have had it (and the length of time it should reasonably last) etc will also be taken into account.

    This is after six months. Before that the onus of proving it isn't an inherent fault is up to them.
  • woody01
    woody01 Posts: 1,918 Forumite
    I'm not wrong. If he could prove it was inherently faulty by an engineer's report, e.g. poor design which was present at the time of sale, then he could pursue for a resolution under the Sales of Goods Act.

    Do you disagree with that?

    An engineers report probably wouldnt stand up as you can get one 'anywhere'.

    The company that sold the TV have to agree it was inherent which is really not likely.
  • istanbul_2
    istanbul_2 Posts: 110 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    any way lets see what happens next but i have to agree on the way they fob you off when the guarantee has run out , they wanted me to pay for all of it but it wasnt til i got thro to comets complaints manager that they backed down and said they will do it free of charge
  • rich_months
    rich_months Posts: 110 Forumite
    woody01 wrote: »
    An engineers report probably wouldnt stand up as you can get one 'anywhere'.

    The company that sold the TV have to agree it was inherent which is really not likely.

    If it went far enough it would be a court agreeing with it actually.....

    But it looks like we'll just have to agree to disagree on this one.
  • istanbul_2
    istanbul_2 Posts: 110 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    well guess what guys comets never turned up!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!:mad:
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