What are my Rights

its-not-me

Hi

I'm hoping that one of you more 'in the know' people can assist me in this.

I have a Philips TV that has just broken. The picture has gone and in its place are vivid blues and greens.

Philips have a 2 year gaurentee, and as normal, I have just passed the two year mark. It was ordered from Dixons.co.uk on 7th March 2008, but I cant remember when it was delivered, any way that makes me 6 weeks beyond the 2 year mark.

What are the chances of a repair, after all a LCD TV should last more that 2 years surly?

Who do I contact Philips or Dixons?


Thanks

Mankysteve

Your contract is with retailer not the manufacture but I would contact both. In pleasent manor telling them of your problem. See where you get from there.

In terms of SOGA

As it over 6 mouths its now down to you to prove that the fault is inherent with the item and not though misuse or fair wear and tear. Ie you need to get a engineering report which should be refunded if it find in your favour, if doesn't you lose out.

On term on replacement/repair or refund its pretty much down whichever is cheapest for the retailer, note they can take deduction for how much uses is out so soga gives you 6years so they can deduct third of our original payment if they decide to refund.

I would first try and get them to have look at as act of good customer service before going down the SOGA route.

bingo_bango

I'd agree with Steve, except that you MAY need an engineer's report. Don't spend the money until you absolutely need to.

its-not-me

Thanks guys - I knew that some one more knowledgable than me would come along:beer:

Equaliser123

ebt247 wrote: »

This shouln't matter, under the consumer act you have a right to certain goods being fit for their purpose for a reasonable amount of time. Generally TVs and other high value goods should last for upto and over 5 years. That is a reasonable amount of time.
.

Absolute rubbish.

stugib

ebt247 wrote: »

Who the Daddy now......?

Who's about to be embarrassed by showing a little knowledge is a dangerous thing....?

neilmcl

stugib wrote: »

Who's about to be embarrassed by showing a little knowledge is a dangerous thing....?

+1, :rotfl::rotfl::rotfl:

Equaliser123

ebt247 wrote: »

Read the sale of goods act.

.

I have. Several times....

Indeed, I once had to write an essay on the application of the 1979 Act compared to the 1893 Act having regard to modern commerce mechanisms. Oh, and I've had to refer to it several times in my employment. Hopefully, I'm ok to talk about it.

Unfortunately, what you are saying is ill-informed journalistic rubbish. The way you are presenting it and the manner in which you are doing so is rather 'uninformed'. Hope that doesn't insult.

Oh, and as for you comment "Who the Daddy?" - Questionable English but, actually, me. Delighted to be the father of a 12 week old little girl who is, simply, a God-send. So, thanks for asking.

Anyway. The Sale of Goods Act 1979 (enacting the 1893 legislation and the subsequent 1994 amending statute)- sadly there is no "Consumer Act" as you suggest - (let's call it "SOGA"), is designed to imply certain terms into contracts of sale. The notable ones are that goods sold must be of satisfactory quality (s.14(2)) and are fit for purpose (s.14(4)). There are others - title (s.12), description (s.13) but I think we should save those for a later lesson.

The period in which goods are required to comply is down to the discretion of the Courts. However, very usefully, the law has been adapted so that in the first 6 months, it is incumbent upon the retailer to prove that a fault was not inherent. After that, it is down to the purchaser to prove.

The period of time which you quote is down to the Limitations Act 1980. This sets out a period of time - 6 years in respect of contractual claims - within which a claim can be made. It preserves the rights for 6 years. It does not say that items must last 6 years. So, if your rights existed within, say, a year, you have up to 6 years to enforce.

I very much hope the above assists your rather embryonic knowledge of law and, in particular SOGA.

Here endeth the first lesson of SOGA.....

Mankysteve

I think a who's the daddy now comment is in order

Equaliser123

Mankysteve wrote: »

I think a who's the daddy now comment is in order

Oh, go on then....ebt247 - Who'se the Daddy?