Comet and SOGA again!

cbcdesign

I am currently in a battle with Comet to try and resolve an issue I have with a TV bought last month. I thought I would tell you guys what is happening and seek some advice.

Tv was bought on 26-6-11 and delivered on 29-6-11
2 weeks later green patches noticed on screen but advised it may dissapear once TV had been run in for 100 hours or so.
1 week later USB relay begins radomly energising and de-energising with TV in standby.
27 days since delivery and green patches just as bad and relay fault continues so notified Comet and asked for replacement.
28 days (27-7-11) comet respond and agree to send engineer to inspect TV.
29-7-11 Engineer arrives and agrees that plasma panel needs to be replaced but cannot arrange for a replacement whole TV since more than 28 days have elapsed which is standard Comet policy. Engineer arranges repair.
I email customer services and question logic of undertaking repair on a new set and later the same day email again to point out that my complaint went into Comet within 27 days and was acknowledged by Comet within 28 days. I then request replacement. I receive a reply today as follows:-

After further investigating your query after you provided me with your job details I have further information for you regarding the fault with your Panasonic television. For this appliance we have a pre determined service level agreement in place with the manufacturer for this appliance that states if a fault becomes apparent within 72 hours of receiving it then the customer can return it to store for an exchange. After this time period the unit needs inspecting by our service team who if they feel they can implement an economically viable repair, will do so.

I point out that 72 hours is a ludicrously short amount of time to accertain that a TV is faulty (industry calibration experts say it takes at least 100 hours to run in a plasma tv panel) and that their agreement with Panasonic has no legal implication whatosoever upon my consumer rights. I point out that I do not appreciate being fobbed off with misleading information of this nature. I receive the following reply:-

I am sorry to hear that you are unhappy with my previous response.

Having reviewed the entire matter, while I am of course very sorry that you disagree with the information in my previous e-mail, I am satisfied that it is correct and am therefore unable to help you any further on this matter.

Under your warranty we would look to repair in the first instance, if upon inspection it the engineer finds that a repair is not economically viable or the unit is beyond repair then our Service Centre team would look to request authorisation to exchange the unit. Of course you are entitled to seek 3rd party advise on the matter.

I point out that comet are in breach of contract by failing to supply goods that are fit for purpose and free from defects. I make it clear that I do not accept the goods or their offer to repair it because a TV which develops two faults in less than 28 days has clearly not been manufactured to an acceptable standard and may have other as yet undisclosed issues. I now demand either a replacement or a full refund. I also point out that a warranty is in addition to my statutory rights and does not replace or supercede them.

I am certain that because the engineer informed me that it is company policy to replace a TV that fails within 28 days (remember I notified Comet and received an acknowledgment within this period of time), comet have a no quibble 28 day return policy on unused items and the sale of goods act says I must have a reasonable period to ensure the goods are acceptable and Comets engineer has confirmed the TV is faulty, I am well within my rights to demand a replacement. Not a repair on the lemon they have supplied me.

So what do you guys think?

neilmcl

Despite what the engineer says if it's a fault with the panel itself then you will more than likely get a replacement. Don't forget you still have the warranty to fall back on so you could always contact Panasonic direct, you may end up getting things resolved a lot quicker.

Esqui

I would say that in my opinion, 72 hours would be around about enough to accept a TV. Obviously that varies depending on people's opinion, so that's why most retailers offer anything between 14 to 90 days.

I can't find anything that really explains it properly, but as I understand, the right of rejection period is designed to ensure that the TV is apparently not faulty when purchased. It is not a period in which you run it for hours, checking every function and that it runs perfectly for a week, etc. I may be wrong here, so I'm not so confident in that.

It's quite an awkward one, and I'd be looking to bend things, just a little. They're perfectly entitled to send an engineer out to confirm the fault, and perfectly entitled to repair the TV...but, equally, it does look a bit bad to quibble so much over one day outside the 28 days.

cbcdesign

neilmcl wrote: »

Despite what the engineer says if it's a fault with the panel itself then you will more than likely get a replacement. Don't forget you still have the warranty to fall back on so you could always contact Panasonic direct, you may end up getting things resolved a lot quicker.

My contract is with Comet, not the manufacturer. The SOGA is quite clear on this matter.

Esqui wrote: »

It's quite an awkward one, and I'd be looking to bend things, just a little. They're perfectly entitled to send an engineer out to confirm the fault, and perfectly entitled to repair the TV...but, equally, it does look a bit bad to quibble so much over one day outside the 28 days.

They are entitled to repair the TV after a reasonable period of time which the engineer said was 28 days! My complaint was raised and acknowledged by Comet with this period of time.

Optimist

This guy thinks that I would be annoyed if I bought a TV and got fobbed off like this. It is not your problem what their agreement with the manufacturer is

I would at this point be writing a letter before action and taking them to court. Let them explain to a judge how their agreement with the manufacture affects your legal rights.

Point them in the direction of s14 of the Sale Of Goods Act

Although I'm betting if they have a half way decent legal team it wont come to court

bris

Soga clearly states you have a short time in which to inspect the tv before you can reject it as faulty, the law does not state exactly how long that is but 72 hours (3 days) is said to be enough, maybe a judge would agree it's not enough but that is for him/her to decide. After this time they do have the right to inspect and repair it if it's viable for them.
I also believe the 28 day rule Comet has is that you can return an unused product if the box has been opened but only for store credit. As you have used the tv then this would not apply to you anyway.

somethingcorporate

bris wrote: »

the law does not state exactly how long that is but 72 hours (3 days) is said to be enough,

Eh??

I'd argue that a device as complex as a TV that 3 days is insufficient. Only a judge can decide for certain on a case by case basis but given it has got a number of faults in a short amount of time it wouldn't look too good for them.

Good luck OP, be persistent because these cowboys are experts at getting out of their duties.

arcon5

Write a letter before action why exactly??

They have offered a repair. One of the 3 remedies covered by SOGA

Esqui

somethingcorporate wrote: »

Eh??

I'd argue that a device as complex as a TV that 3 days is insufficient. Only a judge can decide for certain on a case by case basis

As I said, I'd say 72 hours would be a little short, but mostly OK in my opinion. The best analogy I can think of is with a camera. You'd need enough time to take a few pictures and see how they look, but it wouldn't stretch to trying out every shooting mode, or seeing how long it takes the battery to run down completely..

somethingcorporate

I'd suggest 3 days is insufficient for a camera too. 1 week, minimum!

cbcdesign

arcon5 wrote: »

Write a letter before action why exactly??

They have offered a repair. One of the 3 remedies covered by SOGA

This is from oft.gov site advising retailers on SOGA:-
Customers are entitled to reject goods if they are faulty (do not match the description, are not of satisfactory quality, or are not fit for purpose) and receive a full refund if they have not yet accepted the goods.

Before a customer is believed to have accepted the goods they have purchased, the law allows customers a reasonable opportunity to inspect or examine the goods and this should take place within a reasonable time. 28 Days would seem to fit that definition and please remember their own engineer stated that notified faults within 28 days warrant a replacement under Comets own policy.

Faulty goods, no acceptance



If the item does not conform to contract (is faulty) for any of the reasons mentioned previously, and the customer has not accepted the goods, the law says the customer is entitled to

• reject the goods and claim a full refund, or
• request a repair or replacement if that is the customer's preferred option.

As the retailer, you can offer a repair, a replacement or a credit note, but you cannot insist on any one of these. It is the customer's right to receive a full refund in these circumstances.

I have rejected the goods because two seperate and unrelated faults within 28 days means the goods are not satisfactory. I have requested a replacement set.