Refund wanted on faulty 10 month old TV

solarfusion

Hi, I bought a 40" Samsung LCD TV at the end of December last year which I noticed had an intemittent fault a few days later. Stupidly I didn't take the TV back for a refund within 28 days and instead called Comet a month or so later where I was told they would send an engineer out. I opted to call Samsung instead thinking that they would better recognise the problem but the visiting engineer just did a factory reset. A couple of weeks later the TV showed a 2nd fault when using my PS3 - I found that other users had experienced the same issue, spoke to Samsung who agreed to replace the main board of the TV. This solved the 2nd fault but did not solve the first fault. I've now been living with the intermittent fault for several months and it appears to be getting worse. Since the TV has had 2 faults I wrote to Comet quoting the Sale of Goods Act requesting a refund, eventually they rang me to say that they would need to look at the TV themselves (rather than Samsung) and to book a Comet engineer.
The Comet engineer visited earlier and said the fault was probably with the LCD panel and another one wil be ordered and agreed that the fault was probably there when I purchased the TV i.e an inherent fault.

I'm not happy to accept a 2nd repair on the TV since it has an inherent fault but where do I stand in getting a refund. Do Comet have the right to decline a refund and only offer a repair?

markybaby

Yes they do have a right to repair. It is your responsibility to report the fault within 28 days, not refer to it 9 months later. You can always write to head office as the engineer has identified the fault but they can still choose to repair. Maybe ask for an exchange? Go on, try your luck:D

vicshippers

Completely agree with Markybaby - they can repair it. Always report faults as soon as possible to the RETAILER and let them guide you.

yorksrabbit

Comet's customer relations was once dire but in recent years has improved to an impressive standard.

Its response to your situation, bearing in mind that you effectvely by-passed it, is no more and no less that of a responsible retailer.

Like vicshippers, I do wish people would wake up to the fact that they never buy anything from a manufacturer, but from a retailer. So why they then insist on devaluing their own consumer rights by cutting out the retailer and dealing with the manufacturer escapes me.

This is not the only post on MSE at the moment of this nature. Sadly, it won't be the last.

Esqui

yorksrabbit wrote: »

Like vicshippers, I do wish people would wake up to the fact that they never buy anything from a manufacturer, but from a retailer. So why they then insist on devaluing their own consumer rights by cutting out the retailer and dealing with the manufacturer escapes me.

I think it's because a lot of the time, going to the manufacturer is much easier and quicker than going via the retailer especially where the manufacturer is the repairer; it cuts out the middleman and can get repairs done more quickly. Some manufacturers, such as Vax, encourage consumers to go straight via themselves presumably as they find it much easier to deal direct with repairs.

solarfusion

Yes in hindsight I should have just taken the TV straight back to Comet within 28 days and asked for a refund but at the time I wasn't aware I could do this and since it was an intermittent fault it was very difficult to determine whether it was a fault or just interference.

Indeed I decided to call Samsung directly as I thought they would better diagnose the fault and with the second fault I was able to just tell them it was the main board that was faulty (as other users on the net had reported this) and a new one was ordered without an engineer coming to look at it again.

I actually asked Samsung the other day whether I should let them deal with the repair or use Comet and they said they were in a better position. I now know that the responsibility lies with the retailer but it’s very confusing for consumers.

molerat

yorksrabbit wrote: »

Comet's customer relations was once dire but in recent years has improved to an impressive standard

Are there 2 Comets then ? The one I dealt with a couple of months ago was dire. Ended up going direct to Panasonic who got the problem sorted and pointed out that the breakdown was caused by a Comet botched repair.

yorksrabbit

Sorry to learn of your experience.

neilmcl

Esqui wrote: »

I think it's because a lot of the time, going to the manufacturer is much easier and quicker than going via the retailer especially where the manufacturer is the repairer; it cuts out the middleman and can get repairs done more quickly. Some manufacturers, such as Vax, encourage consumers to go straight via themselves presumably as they find it much easier to deal direct with repairs.

I tend to agree in certain circumstances, particularly when you're within the manufacturers warranty period, it can be beneficial going to the mftr direct. I had an issue with a Sharp LCD I bought 4 years ago, I had a problem with the picture and the retailer (John Lewis) sent out their own repairers out to diagnose and fix the fault. The came, took my 37" TV away and left me with a 14" portable loaner which I had to use for 3 weeks whilst they unsucessfully fixed the issue. I got the TV back and the fault re-occurred so this time I went direct to the manufacturer who knew exactly what the issue was and sent out an engineer to fix the TV onsite, I also managed to get some upgraded components fitted at the same time. SOGA aside, it does sometimes pay to speak to manufacturer.

solarfusion

Just had en email back from Comet who are still insisting on a repair:

"I can confirm that a replacement LCD panel has been ordered, the service team will contact you as soon as they have an update. I note your comments regarding the Sales of Goods Act, however I would advise that the Act affords us the opportunity to attempt a repair. This is the course of action we will take in this instance."

I've replied to say that since the television has had multiple faults that it is likely to break again after its 12 month warrantly so I would like a refund or at least an exchange. I've also said that it is obviously of substandard quality and I am not prepared to waste any more time waiting for engineers visits.

I still expect they will insist on a repair. I'm not very happy that I've been sold a dud!

KeithP

solarfusion wrote: »

Just had en email back from Comet who are still insisting on a repair:

"I can confirm that a replacement LCD panel has been ordered, the service team will contact you as soon as they have an update. I note your comments regarding the Sales of Goods Act, however I would advise that the Act affords us the opportunity to attempt a repair. This is the course of action we will take in this instance."

I've replied to say that since the television has had multiple faults that it is likely to break again after its 12 month warrantly so I would like a refund or at least an exchange. I've also said that it is obviously of substandard quality and I am not prepared to waste any more time waiting for engineers visits.

I still expect they will insist on a repair. I'm not very happy that I've been sold a dud!

And, as you know, they are entitled to effect a repair... as many times as they like... as long as its reasonable. That word again... reasonable.

Even duds can be made good, can't they?