small chain v manufacturer sale of goods act

eggsarnie

just under 2 years ago i bought a 43" 3d tv, i love it to bits, however ive noticed a patch appearing on the screen that shouldnt be there, after 2 mins i came across several forums where people with the same tv's were having the exact same problem, i know i am going to have to use the sale of good act to get this repaired or replaced (which ive never done before so am quite nervous) however should i really focus my efforts on the shop that sold it to me or the manufacturer that obviously has a design flaw or build quality issue ?

if i did need to take it to the scc could i name 2 people (the shop & manufacturer) as being liable ?

thank you guys & gals for any help you might be able to give .

wealdroam

The manufacturer owes you nothing under the Sale of Goods Act.

SoGA only covers the actions between buyer and seller... you and whoever sold the thing to you.

Maybe the manufacturer's warranty can help... if it hasn't expired.

It really would be good to read MSE's Consumer Rights guide where all this, and much more, is explained.

Not quite what you were asking, but here is a quote from that guide:

Know who's responsible

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with them.

eggsarnie

wealdroam wrote: »

The manufacturer owes you nothing under the Sale of Goods Act.

SoGA only covers the actions between buyer and seller... you and whoever sold the thing to you.

Maybe the manufacturer's warranty can help... if it hasn't expired.

It really would be good to read MSE's Consumer Rights guide where all this, and much more, is explained.

Not quite what you were asking, but here is a quote from that guide:

i was more questioning the fact that the manufacturer would have way more resources to be abel to sort out the problem than a small shop....thank you though, i mean that, it made me read the soga again .

frugal_mike

eggsarnie wrote: »

i was more questioning the fact that the manufacturer would have way more resources to be abel to sort out the problem than a small shop....thank you though, i mean that, it made me read the soga again .

The manufacturer will almost certainly be better at fixing the TV than the shop, butbtgey don't owe you a fix (unless the TV is still under warranty) so they could charge you for anything they do. If the is inherently faulty then the shop have to pay all costs for any remedy they give you.

As its been 2 years since you bought it the shop would be within their rights to ask you to prove the fault is inherent by getting an independent report from an expert though.

yangptangkipperbang

eggsarnie wrote: »

after 2 mins i came across several forums where people with the same tv's were having the exact same problem................................ i know i am going to have to use the sale of good act to get this repaired or replaced (which ive never done before so am quite nervous)

1. You appear to have found evidence that this particular model may have an in built problem.

2. DON'T go back to the shop full of bluster and wave copies of SoGA under their nose.

3. Tell them your problem and what you have discovered. Be calm and polite to them - you may be surprised.