Samsung 40" LCD TV (LE40M87BD) Faulty

The_Jester

I'm not sure where to post this so feel free to move me if needed.

I bought the above telly for my parents the xmas before last. It's now difficult to switch on and keep getting a clicking noise until it finally switches on.

My parents never took out the extended warranty and the original warranty was only over one year which expired end of dec 08.

I've read numerous posts about the warranty period being a con by most manufacturers as it should last a 'reasonable time'. I'd say 21 months is a reasonable time.

Do you think I have a case calling Samsung with this argument or am I wasting my time?

fiddiwebb

Now I thought I read somewhere that goods should be fit for six years???
or have I got the wrong end of the stick?

Just found it here:

http://www.which.co.uk/advice/understanding-the-sale-of-goods-act/your-rights/index.jsp

Don't know if it will help or not?

davester

I had a TV monitor that did exactly that, clicked alot the standby light, they replaced it but monitors have a 3 yr warrenty. Samsung seem to be reasonably good at sorting it out. PC world fobbed me off with Lies about they are only responisble for warrenties upto 1 year of the item then its the manufacturer responisbiltiy for the remainder. Trading standards already know about them. Anyway trading standards say TV should work for 5 years with normal use. The fact your fault is electronic would suggest a substandard part. I am assuming it does the same thing if you switch it on with the remote or the button on the tv itself?

On an additional note mine failed the same length of time. And was just before Christmas last year. My model is Syncmaster 940MG, its a montor with TV tuner as I wanted to use it for both.

The_Jester

Had a quick look and it states

'You have six years to make a claim for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years'

I'm in Scotland btw so it's five. However I think this means I have five years to claim and not that the item should last five years.

BargainGalore

But you also have to prove there a inherent fault so you need a independent report by a tv engineer after the first 6 months

davester

TVs according to trading standards say 5 years should be the lifetime of a TV, the laws covers you under the sales of goods act.

The_Jester

Davester,

Can you show me where trading standards quote about tv's lasting five years under normal use please?

I want to be fully loaded with Ammo before I call them

BargainGalore

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html


Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.
Key Facts:

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.
• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit
• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).
• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)
• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

davester

Thats what consumer direct told me over the phone and said to quote said above law

Fifer

The_Jester wrote: »

Had a quick look and it states

'You have six years to make a claim for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years'

I'm in Scotland btw so it's five. However I think this means I have five years to claim and not that the item should last five years.

You are interpreting that slightly wrong. In England and Wales, you have six years from the date of purchase to make a claim. In Scotland, it's five years from discovery of defect, which is almost always a longer period.

That doesn't mean all items have to last that long. The SOGA requires items to be fit for for purpose and of satisfactory quality.

The OP should take his complaint up with the retailer rather than Samsung however, as that is who his contract is with.

Antispam

As others said you need to take it up with the retailer but as they have had it for a while you may need proof

I am currently taking large chain to small claims court over a item I got from them and proof is what I got but sadly in my dealings with there legal department dont recognize the SOGA even when promoted by myself and trading standards