TV broken 13 months after purchase

kevano22

Hi all,

I bought a 43" Plasma 3D TV from Comet on the 22/10/2011 - and this week it's refusing to come on and, if it does (after a long while of waiting, up to 30 minutes), it just freezes so I can't do anything. Then I have to switch it off and that's the end.

Please could you give me some advice / advise where I stand on this issue?

Ideally I'd like them to fix it/send a replacement, but with it being 13 months, I'm pretty sure I'm out of warranty.

However, a TV to last only 13 months is absurd...

PS Not sure if I posted this in the right section, so apologies in advance...

Spank

What make is it? some have more than 1 year warranties.

Steve_xx

Tv's should last longer than 13 months. Take it back and ask Comet to fix it, though this may be risky given their current status. If you paid for it with a credit card then you can seek redress from the credit card company if Comet can't/won't fix it.

macman

A credit card company would not do a chargeback on an item that has failed out of warranty.
Best bet is to try the manufacturers, they might repair under warranty if you are lucky-nothing to lose really. Ask nicely!

Steve_xx

macman wrote: »

A credit card company would not do a chargeback on an item that has failed out of warranty.
Best bet is to try the manufacturers, they might repair under warranty if you are lucky-nothing to lose really. Ask nicely!

No, no, I think that you will find that the credit card company is jointly liable.

macman

But liable for what? The goods were correctly supplied, and now the manufacturer's warranty has expired.
The OP would have to bring a claim against the retailer under SOGA, and after 13m it is the OP who would have to prove a pre-existing fault. Which means them paying upfront for an engineer's report, and then taking it to the small claims court.
But what is the chance of Comet turning up (and then paying up if they lose) given their current status?
It would be throwing away money that would be better spent on repairing it, assuming no joy with the manufacturer.

Steve_xx

macman wrote: »

But liable for what? The goods were correctly supplied, and now the manufacturer's warranty has expired.
The OP would have to bring a claim against the retailer under SOGA, and after 13m it is the OP who would have to prove a pre-existing fault. Which means them paying upfront for an engineer's report, and then taking it to the small claims court.
But what is the chance of Comet turning up (and then paying up if they lose) given their current status?
It would be throwing away money that would be better spent on repairing it, assuming no joy with the manufacturer.

Warranties do not expire automatically after 12 months. The law says that a television, like all other goods, should be fit for purpose and that it should last for a reasonable amount of time, and 13 months is not a reasonable amount of time.

The credit card company and Comet are jointly and severally liable to put this right. In the event that Comet ceases to trade, then the poster will have full redress to the credit card company and the credit card company must effect a suitable repair.

Guardsman

Have a read of this it tells you all about your rights.
If you scroll down you will see a section about electrical goods being covered for 6 years.
https://forums.moneysavingexpert.com/discussion/3073916

Steve_xx

Guardsman wrote: »

Have a read of this it tells you all about your rights.
If you scroll down you will see a section about electrical goods being covered for 6 years.
https://forums.moneysavingexpert.com/discussion/3073916

Yes, what you say is true. Goods, whilst having a company warranty on them for 12 months or so does not automatically absolve the supplier from putting things right if they should go wrong after the warranty period has expired. Goods have to last for a "reasonable" amount of time, regardless of the warranty. Therefore one must apply the test of "reasonableness" to this instant and one can easily deduce that the test has not been met because televisions costing hundreds of pounds are reasonably expected to last for several years.

shaun_from_Africa

Steve_xx wrote: »

Warranties do not expire automatically after 12 months.

A warranty will expire after 12 months or whenever the paperwork states that it will expire, and this is providing that there is even a warranty in force as there is no legal requirement for there to be one.
It is your SOGA rights that may extend further than a warranty period and these rights are between the purchaser and the retailer whereas a warranty is normally between the purchaser and the manufacturer.

The credit card company and Comet are jointly and severally liable to put this right...

then the poster will have full redress to the credit card company and the credit card company must effect a suitable repair

Providing that the OP can prove that the fault was due to an inherrent problem and wasn't down to misuse.
Even then, the CC company do not have to repair. They could offer a full or partial refund of the purchase price.

Steve_xx

shaun_from_Africa wrote: »

A warranty will expire after 12 months or whenever the paperwork states that it will expire, and this is providing that there is even a warranty in force as there is no legal requirement for there to be one.
It is your SOGA rights that may extend further than a warranty period and these rights are between the purchaser and the retailer whereas a warranty is normally between the purchaser and the manufacturer.

Providing that the OP can prove that the fault was due to an inherrent problem and wasn't down to misuse.
Even then, the CC company do not have to repair. They could offer a full or partial refund of the purchase price.

The contract is between the purchaser and the supplier, in this case Comet. Therefore, normal redress will be from the customer to Comet and not to the manufacturer. If this fails then the next port of call would be to the credit card company.

Yes I agree that there may not be a warranty in the first place, but to me it wouldn't matter since the Sale of Goods Act provides anyway.

No supplier would be liable in the event of misuse.

It may well be the the credit card company could choose not to effect a repair; instead opting to make a partial refund. Therefore, as I stated earlier, the credit card company is jointly and severally liable
.