Brand new TV spontaneous cracked screen

mckenzie126

Hi, a friend of mine bought a brand new LCD TV from Currys last week. It was working up until last night, this morning they switched it on & the screen has cracked internally. They took it back to Currys but they said it's not their problem & must have been caused by them.

The screen has absolutely no external marks or dents etc. everything is perfect. This appears to be an internal manufacturing/design fault. I can see from a quick google that it's certainly not the first time this has happened to brand new TV's/monitors without any external cause. Having worked as an electronics engineer myself too I can easily understand how this could indeed happen, rare but certainly feasible.

Was wondering what is the best way they need to approach Curry's again to get this sorted out ?

Thanks

Sandtree

The law is slightly odd in that before 30 days and after 6 months its up to the customer to show that the fault existed at time of purchase (or fundamentally existed in most cases) whereas between those two dates the assumption is that it existed and its the retailers job to prove it didnt.

As its within 30 days they can ask for proof which is normally in the form of an engineers report the cost of which can be added to the claim. In theory things can be under high tension and just spontaneously break of their own accord (happened to a meeting room glass wall that used to be nearish to my desk before it shattered whilst empty) but never hear it happening to an LCD TV. Assume there is no one else in the property who may not be admitting to their accident?

mckenzie126

Thanks for the reply. No, she lives alone so just 1 person in the house. Yes things like this can & do happen seemingly spontaneously.

mckenzie126

How to initiate an engineers report ? I assume this needs to be done through Currys & who pays the bill for this ? What if Currys still insist it's her fault & wont initiate anything any further ? Just would like to get all the specifics understood beforehand. Thanks

DB1904

mckenzie126 said:

How to initiate an engineers report ? I assume this needs to be done through Currys & who pays the bill for this ? What if Currys still insist it's her fault & wont initiate anything any further ? Just would like to get all the specifics understood beforehand. Thanks

No, your friend gets someone to examine and write the report. She also pays for the report and adds that to the cost of the claim against Currys.

neilmcl

Sandtree said:

The law is slightly odd in that before 30 days and after 6 months its up to the customer to show that the fault existed at time of purchase (or fundamentally existed in most cases) whereas between those two dates the assumption is that it existed and its the retailers job to prove it didnt.

As its within 30 days they can ask for proof which is normally in the form of an engineers report the cost of which can be added to the claim. In theory things can be under high tension and just spontaneously break of their own accord (happened to a meeting room glass wall that used to be nearish to my desk before it shattered whilst empty) but never hear it happening to an LCD TV. Assume there is no one else in the property who may not be admitting to their accident?

It's not "odd", it's this way for a very good reason. The idea behind it is because if something becomes faulty or damaged shortly after purchase there's a chance it may have been caused by the consumer during installation or transport etc, or they may well be making some excuse to return the item whereas it could because of a change of mind or buyer's remorse, and as a full refund is wanted it's only fair that the retailer ask the consumer to prove any fault was present at purchase.

the_lunatic_is_in_my_head

Sandtree said:

The law is slightly odd in that before 30 days and after 6 months its up to the customer to show that the fault existed at time of purchase (or fundamentally existed in most cases) whereas between those two dates the assumption is that it existed and its the retailers job to prove it didnt.

As its within 30 days they can ask for proof which is normally in the form of an engineers report the cost of which can be added to the claim. In theory things can be under high tension and just spontaneously break of their own accord (happened to a meeting room glass wall that used to be nearish to my desk before it shattered whilst empty) but never hear it happening to an LCD TV. Assume there is no one else in the property who may not be admitting to their accident?

If the consumer isn't seeking to exercise their short term right to reject then it's taken the goods did not conform any time within the first 6 months and the 30 days doesn't apply.

It's up to Currys to demonstrate the goods did conform unless the purchaser stated they was exercising their short term right to reject (possibly indicated by requesting a refund). 

https://www.legislation.gov.uk/ukpga/2015/15/section/19/enacted

(3)If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14, or if they do not conform to the contract under section 16, the consumer’s rights (and the provisions about them and when they are available) are—

(a)the short-term right to reject (sections 20 and 22);

(b)the right to repair or replacement (section 23); and

(c)the right to a price reduction or the final right to reject (sections 20 and 24).

(4)If the goods do not conform to the contract under section 15 or because of a breach of requirements that are stated in the contract, the consumer’s rights (and the provisions about them and when they are available) are—

(a)the right to repair or replacement (section 23); and

(b)the right to a price reduction or the final right to reject (sections 20 and 24).

For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

ontheroad1970

I suspect that Currys are attempting to get out of it by saying the product is not faulty, but has been damaged, physically.  It would be possible to do this without damaging the external glass (not saying that this is what happened, but this is what Curry's are suggesting.  

I won't by any major appliances from them now since they refused to fix a TV that went faulty just out of warranty.  They did eventually give us a refund minus a deduction for 14 months use.  We'd had a loan set from them and told them they could have the loan set back when they fixed our TV.  Woman on the phone said she would call the police, but I told her that I was not attempting to permanently deprive them of their property, it was a civil matter.  

I buy TVs from John Lewis now.  Last one I bought had a free 5 year warranty, TV went fault at 4 years 5 months, paid £100 more to upgrade to a 75 inch and got a new 5 year warranty.  Much better service.

mckenzie126

the_lunatic_is_in_my_head said:

Sandtree said:

The law is slightly odd in that before 30 days and after 6 months its up to the customer to show that the fault existed at time of purchase (or fundamentally existed in most cases) whereas between those two dates the assumption is that it existed and its the retailers job to prove it didnt.

As its within 30 days they can ask for proof which is normally in the form of an engineers report the cost of which can be added to the claim. In theory things can be under high tension and just spontaneously break of their own accord (happened to a meeting room glass wall that used to be nearish to my desk before it shattered whilst empty) but never hear it happening to an LCD TV. Assume there is no one else in the property who may not be admitting to their accident?

If the consumer isn't seeking to exercise their short term right to reject then it's taken the goods did not conform any time within the first 6 months and the 30 days doesn't apply.

It's up to Currys to demonstrate the goods did conform unless the purchaser stated they was exercising their short term right to reject (possibly indicated by requesting a refund). 

https://www.legislation.gov.uk/ukpga/2015/15/section/19/enacted

(3)If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14, or if they do not conform to the contract under section 16, the consumer’s rights (and the provisions about them and when they are available) are—

(a)the short-term right to reject (sections 20 and 22);

(b)the right to repair or replacement (section 23); and

(c)the right to a price reduction or the final right to reject (sections 20 and 24).

(4)If the goods do not conform to the contract under section 15 or because of a breach of requirements that are stated in the contract, the consumer’s rights (and the provisions about them and when they are available) are—

(a)the right to repair or replacement (section 23); and

(b)the right to a price reduction or the final right to reject (sections 20 and 24).

For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

Thanks for this. So is the consensus here that it is up to Curry's to sort this out their end ? I.e its up to Curry's to demonstrate the goods did (or didn't?!) conform. How do they even do that ? Sorry am a little confused with these answers.

JJ_Egan

Currys will say its damaged .

Browntoa

Modern led screens are very fragile as they make them so thin now .

Poorly installed on the wall , badly handled when put on the stand and it's damaged and evidence may not be apparent straight away. Any undue pressure on the front will damage 

Claim on their own insurance