Grundig TV

Sharon2751

Hi
My mum brought a TV from Argos on the 26 May 2009 and it is just out of it warranty, but now the TV is faulty and the sound wont turn up, does she have any rights?

AndyAndyAndy

I dare say that the warranty isn't worth the paper it's written on but that's neither here nor there as it has expired anyway.

Under the Sale of Goods Act 1979 14.(2) "Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality." This is expanded upon to define quality to include (but not restricted to) the product's durability 14.(2B)(e). Most easily referenced here. A television should, in my opinion, exhibit durability of greater than one year and as such you could argue that the television was not fit for sale under the sale of goods act.

The issue however comes at proving an inherent fault at the point of sale and not one which was caused by damage or mistreatment thereafter such limiting the lifespan of the product. In practical terms, I'd give argos a call to their customer service department and see what you can get them to do. If you need to, mention the sale of goods act and that you believe the product to be in breech of the regulations set out within it.

They could well fob you off in which case a letter could yield better results as it is a more durable means of communication. Another route could be via your credit card company (if you purchased the TV on one) as they are jointly and equally responsible for the sale of the TV to you (assuming it cost more than £100), don't let them tell you otherwise.

A sticking point could be that I believe past 6 months of the date of purchase the onus is on the customer to prove the good to have been inherently faulty, before the 6 months they are assumed to have been unless proved otherwise. Hopefully they won't fight too hard against you and could well offer a replacement without a fight as a gesture of goodwill.

Meepster

Sorry AndyDent93, but I gave up reading your answer half way through, that's far too hard to read properly

OP - The first thing you need to do is speak to Argos and see what they say. (Don't even bother blazing in, quoting the Sale of Goods Act if you don't understand it) If they are no joy, then speak to Grundig directly.

If neither of those avenues gets you anywhere, then unfortunately it is up to you to prove that the TV is inherently faulty. This will mean getting an independent report on the state of the TV. Only then will you have any recourse under SOGA.

AndyAndyAndy

Edited initial post to make it easier to read basically says the same as meepster but with more detail and rambling.

Grundig have no obligation to do anything so in reference to the OP's question no "rights" as such with them but they might be able to help so definitely worth a shot.

Meepster

AndyDent93 wrote: »

Edited initial post to make it easier to read basically says the same as meepster but with more detail and rambling.

Grundig have no obligation to do anything so in reference to the OP's question no "rights" as such with them but they might be able to help so definitely worth a shot.

Sorry for being overly critical

AndyAndyAndy

S'ok, I'd rather you say and I can change it than it be ignored and possibly leave info out or just confuse everyone even more. I agree if you don't know the legislation don't quote it and get it wrong but used properly it provide a bit of leverage if it's needed.

Meepster

AndyDent93 wrote: »

S'ok, I'd rather you say and I can change it than it be ignored and possibly leave info out or just confuse everyone even more. I agree if you don't know the legislation don't quote it and get it wrong but used properly it provide a bit of leverage if it's needed.

I agree, but what bugs me the most is when people "know" the law, when they obviously don't. When someone says "I know my rights" "sale of goods act" "etc etc" to me and they are simply clutching at straws, I'll be less likely to want to deal with them effectively...

AndyAndyAndy

Wandering off topic but yeah It's also best to try to leave the law out of it to start with, less confrontational and more likely to an offer of goodwill which is what most people's view of their "rights" is based on; certain business' own policies regarding refund and replacement out of goodwill.