Comet and Sales of Goods - TV problem.

dm575

My very expensive Phillips 32 Widescreen decided to go bang and smoke up the living room after 25 months light use. Spoke to Comet who said I needed to pay for the repair and then write to them explaining the circumstances and they would consider my case. Comet repaired the TV, Line Output transformer had blown up, £113 bill. I wrote to them, they ignored the letter. Wrote again, recorded delivery to head office and this time received a phone call. They explained that as they consider the LO transformer not to be a major part !!, they were unable to consider refunding the bill. I advised them that as the LO trans went bang, smoked and the TV was then dead I considered it to be a major component and did not expect a failure of this level on a major brand, high cost appliance. I asked them to put this in writing which they have. I have responded with a final letter citing the "Sales of Goods act" and giving them a last chance to solve this without resorting to the courts. I have drafted my claim on "Money Claim online" in preparation. Will let you know how I get on. Anyone else been through this situation and what was the outcome.

stugib

Al_Mac wrote:

No warranty, don't think you would win.

Nothing to do with the warranty - he'll be claiming under the SOGA on the grounds that it didn't last as long as you'd reasonably expect of a top-brand bit of kit.

If you search these boards you'll find a few theories/experiences that Comet usually back down before it gets to court, rather than be forced to honour their customer's rights, but IIRC they were in more clear-cut territory of within the first 6-12 months. Legally I think you've got a case, but the law's so ambiguous when it comes to timing that they'll be some get out they rely on! Presumably they haven't claimed, having examined it, that it was normal wear & tear, or something you caused? Can only think this would help your case.

dm575

Their words were "This is due to the part that was fitted was not classed as a major component and as your TV has been working for 25 moths we feel it was of satisfactory quality when purchased". My response was that SOG states that saisfactory quality includes durability and of a standard that a reasonable person would regard as satisfactory, taking account of price etc. My view is after spending over £500 something should last more than this time without a major breakdown. It was therfore of inferior quality or the fault was there from purchase taking some time to appear.

stugib

Sounds like you're saying the right things to them, so not sure how much more help I can offer, but as to their statement:

dm575 wrote:

"This is due to the part that was fitted was not classed as a major component

Irrelevant I'd have thought, unless the component was a consumable (which it wasn't). 'A chain is only as strong as its weakest link' and all that, meaning that if that didn't work then the TV didn't work - can't see how they can class it as a minor part if the TV was dead afterwards. If it just affected line output then ok, but not if it meant the whole TV didn't work.

dm575 wrote:

and as your TV has been working for 25 moths we feel it was of satisfactory quality when purchased"

That's where the 'reasonable time' test will come in - could go one way or the other really. Though I consider myself a 'reasonable person' and would expect it to last more than 2 years

dm575

Just had a call from Comet head office, they have offered to refund the call out charge but not the cost of the part. So I will have paid £53 for the part and they will send me a cheque to refund £60 call out charge. I still feel I had a good case if this had gone to court but I have agreed this is a fair compromise and have accepted their offer.
Credit to Comet for sorting this eventually. Its always worth a few stamps....

Thanks for the replies.
:beer: