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Faulty LCD TV, shop want to refund, manufacturer say shop honours warranty?

Hi

I ordered a Sharp LC32SH130K 32" LCD TV back in Sep 2012. It's since broken and won't turn on.

When I ordered it it was a misprice and Sainsburys honoured it, fair enough.

Obviously I would now prefer to get a repair or replacement. So I contacted Sharp who told me Sainsburys bought out the warranty on the product? So only they can deal with it.

Sainsburys are only offering a refund, which they are entitled to do under SOGA. But with regards to the manufacturers warranty side of it should I be entitled to replacement/repair or not?

Advice appreciated thanks.

Sharp Warranty terms - http://www.sharp.co.uk/cps/rde/xchg/gb/hs.xsl/-/html/dealer-warranty.htm

Sainsburys Terms - http://www.sainsburys.co.uk/sol/iw_container_page.jsp?pageRef=sites/www/site_furniture/Site_Furniture_RI.page#q16
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Comments

  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    norm_ wrote: »
    Hi

    I ordered a Sharp LC32SH130K 32" LCD TV back in Sep 2012. It's since broken and won't turn on.

    When I ordered it it was a misprice and Sainsburys honoured it, fair enough.

    Obviously I would now prefer to get a repair or replacement. So I contacted Sharp who told me Sainsburys bought out the warranty on the product? So only they can deal with it.

    Sainsburys are only offering a refund, which they are entitled to do under SOGA. But with regards to the manufacturers warranty side of it should I be entitled to replacement/repair or not?

    Advice appreciated thanks.

    Sharp Warranty terms - http://www.sharp.co.uk/cps/rde/xchg/gb/hs.xsl/-/html/dealer-warranty.htm

    Sainsburys Terms - http://www.sainsburys.co.uk/sol/iw_container_page.jsp?pageRef=sites/www/site_furniture/Site_Furniture_RI.page#q16

    As the product doesn't have any manufacturers warranty, Sharp's terms are irrelevant. Under Sainsbury's terms it appears they state they have the right to offer a repair, but it doesn't look like they are bound to it.

    Out of interest, how much was the price mistake (how much did you pay and how much should it have been)?
  • norm_
    norm_ Posts: 193 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 11 February 2013 at 12:24PM
    OlliesDad wrote: »
    As the product doesn't have any manufacturers warranty, Sharp's terms are irrelevant.

    Says on the tech specs of the product 'Manufacturer guarantee 1 year'?

    http://www.sainsburys.co.uk/sol/shop/technology/televisions/lcd/121935566_sharp_lc32sh130k_32_hd_ready_lcd_tv.html?hnav=4294960178
    OlliesDad wrote: »
    Out of interest, how much was the price mistake (how much did you pay and how much should it have been)?

    I paid 79.99 but it was intended to be 179.99

    To be fair Sainsburys did say if the item were in stock they would offer me a direct replacement. But unfortunately it's not and probably won't be coming back into stock.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    I think you have to look at it as having had 6 months use of a TV for no cost, and you now have to buy another one at the proper price.
  • norm_
    norm_ Posts: 193 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    agrinnall wrote: »
    I think you have to look at it as having had 6 months use of a TV for no cost, and you now have to buy another one at the proper price.

    If you won the TV on a competition and it went faulty your view would be it didn't cost me anything therefore the manufacturer or retailer doesn't owe me anything?

    Strange.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    norm_ wrote: »
    If you won the TV on a competition and it went faulty your view would be it didn't cost me anything therefore the manufacturer or retailer doesn't owe me anything?

    Strange.
    But you told us...
    norm_ wrote: »
    Sainsburys are only offering a refund, which they are entitled to do under SOGA.
    So to answer your question... yes the retailer does owe you something and a refund has been offered.
    Nothing strange there, is there?

    And as has been said... you have had six months use of a television for absolutely nothing.
  • norm_
    norm_ Posts: 193 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 11 February 2013 at 2:41PM
    wealdroam wrote: »
    So to answer your question... yes the retailer does owe you something and a refund has been offered.
    Nothing strange there, is there?

    What has that got to do with the manufacturers warranty? That's entirely seperate from the SOGA. Hence me already pointing out that one avenue.
  • norm_
    norm_ Posts: 193 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    wealdroam wrote: »
    And as has been said... you have had six months use of a television for absolutely nothing.

    My rights get wiaved under the manufacturers warranty because I bought the set at a discounted price??

    A) Sainsbury's would be credited for the full value of the set when they get it back and return it back to Sharp.
    B) Sharp would have to honour the warranty irrespective of price it makes no difference to them what I paid for it.

    I'm sensing a lot of sour grapes in this thread, purely because I got a good deal. :think:
  • Was the tv advertised as having a Sharp warranty? If so, you may be able to take action against the retailer as the item was misadvertised. However, I doubt that a court would give you more than what Sainsburys are already offering, as the remedy is effective and (more than) fair.
  • CoolHotCold
    CoolHotCold Posts: 2,158 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Was the tv advertised as having a Sharp warranty? If so, you may be able to take action against the retailer as the item was misadvertised. However, I doubt that a court would give you more than what Sainsburys are already offering, as the remedy is effective and (more than) fair.

    Even then Cockaleekee if it was misadvertised the shop would have to put you back in the same position as before you purchased it. Aka a refund.
  • Even then Cockaleekee if it was misadvertised the shop would have to put you back in the same position as before you purchased it. Aka a refund.

    That's what I said ;)
    However, I doubt that a court would give you more than what Sainsburys are already offering, as the remedy is effective and (more than) fair.
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