TVs and Sales of Goods Act -Amazon

Techhead_2

Squirrel2 wrote: »

My husband bought me an Archos 5 internet tablet for Christmas 2009. This completely packed up after 16 months (hard drive failure), losing all the data (great :-( ). We got the same fobbing off letters from Amazon that others have described, insisting that the item needs to be shown to be faulty at the time of purchase, but this conflicts with what is in the SGA, which says it has to be of 'satisfactory quality' - s.14(2). This includes durability. I believe that an item of this price (replacement cost £250, and manufacturer has confirmed that it is irrepairable) should last for longer than 16 months and so - after plenty of emails to them, culminating with an 'intention to issue legal proceedings' notice sent by recorded delivery (and to be fair, they did respond to each one pretty quickly) we are suing them using the Money Claim Online process.

They have just said that they are going to defend the claim, even though it is only for £155 (deducting a proportion for the use I have had out of it) plus £25 costs...

I will be interested to see what the judge says....

The "judge" will probably ask you to produce proof that the item is inherently faulty (as required by the Sale of Goods Act). Do you have this? If so what form does it take.

Techhead_2

Incidentally, you are wrong to say that asking for proof of an inherent fault contradicts the Sale of Goods Act. Because that's what the act says.

Have a look at the sticky threads in the Consumer Rights Section.

Squirrel2

Techhead wrote: »

Incidentally, you are wrong to say that asking for proof of an inherent fault contradicts the Sale of Goods Act. Because that's what the act says.

Have a look at the sticky threads in the Consumer Rights Section.

Many thanks for that, but I can't see that in the SGA, which implies terms as to durability etc (s.14). Can you please tell me where it says that this means that the items have to be shown to have an inherent fault? My reading of the Act is that the goods may not be faulty (depending on what is meant by that word, as the word itself isn't used in the Act as far as I can see unless I've missed it), but may be of such poor quality that they are not durable etc etc (bearing in mind price etc). The problem is it is almost impossible to show what something was like X months ago, and the repairers I have contacted can only tell me what the device is like now (i.e. not working!). :sad:

macman

Up to 6m it's up to the retailer to prove that there was not an inherent fault. After 6m it's up to the purchaser to prove that there was. The only way this can be done is to pay for an independent inspection and report. If you win, you can add that cost to your claim.
If the goods are shoddy then the claim would be entirely different, in that the goods are not fit for purpose (e.g. an umbrella that lets the rain in).

Squirrel2

macman wrote: »

Up to 6m it's up to the retailer to prove that there was not an inherent fault. After 6m it's up to the purchaser to prove that there was. The only way this can be done is to pay for an independent inspection and report. If you win, you can add that cost to your claim.
If the gods are shoddy then the claim would be entirely different, in that the goods are not fit for purpose (e.g. an umbrella that lets the rain in).

Many thanks for that, but I still can't see where 'inherent fault' (or even 'fault') is mentioned in the SGA - maybe I'm missing it, but as far as I can see it talks about 'satisfactory quality' (and then goes on to describe what is to be taken into account when deciding whether something is of satisfactory quality). The burden of proof is a different matter.

macman

This may help:
http://webarchive.nationalarchives.gov.uk/+/berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html#Q1Whatisaninherentfault

Larry22

@ wayne77
Try phoning samsung, Imo they have great customer service, my son had a samsung 42" plasma and when attempting to switch on it was just clicking, they sent an engineer out the next day
(xmas eve) he took it away & it was returned & repaired foc on new years eve. Always best to speak to someone rather than email, also put the model number into google & see if it's a common fault.
Good luck.

Having a problem with my Samsung television,around 18-19 months old.
I emailed Samsung UK and all they could do was reccomend a local repair shop. Should I contact the retailer (Currys) and mention Consumer Direct or should I email Samsung again mentioning Consumer Direct?