Faulty TV - Argos - Purchased 29/07/20

leedavies

Hello,

I'm looking for some advice around a TV I purchased on my Argos account on 29/07/20. The item is a Panasonic OLED TV and cost approx £1099. The TV is not under any warranty.

I've taken the TV to a local repair shop and have been advised I may have a right of repair or replacement from Argos, because the TV has not lasted as long as reasonably expected, given the price etc. Argos have advised me to ask for a report from a local TV repair specialist confirming the fault, which I have done. They have then advised me to send them a copy of the report and provided an address to do so.

Basically what I'm asking is what, if any, right to a replacement or repair am I likely to have in this case? I've done a bit of digging around section 75 CCA, consumer goods act etc but just find it all too confusing!

Thanks all

Al_Ross

What is the fault symptom and what did your tv repair shop say was causing the problem?

leedavies

Al_Ross said:

What is the fault symptom and what did your tv repair shop say was causing the problem?

The TV keeps turning off intermittently. It can stay on for a couple of hours or a couple of minutes. When it turns off it displays a single flashing red light and has to be turned off and back on at the wall before it will work. The TV repair shop have been reluctant to open the TV and have a look in case this jeopardises any repair, which I can understand. 

Grumpy_chap

What is a reasonable life expectancy of the TV?
Any remedy will be reduced to reflect the proportion of beneficial use to date.

leedavies

Grumpy_chap said:

What is a reasonable life expectancy of the TV?
Any remedy will be reduced to reflect the proportion of beneficial use to date.

Thanks, well I suppose that's a subjective question. LG claims theirs last 100000 hours, so just over 11 years. I'd probably argue Panasonic are at least equal to LG in terms of reliability, if anything perhaps more so. 

Aylesbury_Duck

Assuming they accept the report's findings, they can choose whether to repair, replace or refund.  If they replace or refund, either remedy may be reduced to reflect use to date, i.e. they'll depreciate a refund, or offer a replacement of an equivalent depreciated value.

leedavies

Aylesbury_Duck said:

Assuming they accept the report's findings, they can choose whether to repair, replace or refund.  If they replace or refund, either remedy may be reduced to reflect use to date, i.e. they'll depreciate a refund, or offer a replacement of an equivalent depreciated value.

Why would they not accept the findings? Not meaning to sound difficult, genuinely just curious what reasons they would have.

Yeah that's totally reasonable, I'd obviously happily accept a fair offer of that nature. 

Aylesbury_Duck

leedavies said:

Aylesbury_Duck said:

Assuming they accept the report's findings, they can choose whether to repair, replace or refund.  If they replace or refund, either remedy may be reduced to reflect use to date, i.e. they'll depreciate a refund, or offer a replacement of an equivalent depreciated value.

Why would they not accept the findings? Not meaning to sound difficult, genuinely just curious what reasons they would have.

Yeah that's totally reasonable, I'd obviously happily accept a fair offer of that nature. 

I've no idea because I haven't seen the report, but what you need the report to show is that the fault was inherent or inevitable as a result of manufacturing defect, rather than arising as a result of wear and tear or misuse.  If the technician hasn't even opened the unit, how can he determine the cause of the fault?

unforeseen

What sort of report can be done if you don't even open the TV to check? 
"I've looked at the outside of the TV and the internal electrical fault is an inherent defect". 
I wonder what Argos response to that is? 

the_lunatic_is_in_my_head

leedavies said:

Hello,


I've taken the TV to a local repair shop and have been advised I may have a right of repair or replacement from Argos, because the TV has not lasted as long as reasonably expected, given the price etc. Argos have advised me to ask for a report from a local TV repair specialist confirming the fault, which I have done. They have then advised me to send them a copy of the report and provided an address to do so.

Basically what I'm asking is what, if any, right to a replacement or repair am I likely to have in this case? 

Thanks all

Hello OP

The TV repair shop are correct that a TV of that price should typically last longer than it has done and your position is that the goods do not conform to the contract in terms of durability.

After 6 months it is no longer taken that the goods do not conform so Argos can if they wish (and have) request you show such and this is typically done by way of an independent inspection so the TV shop should open up the TV and write a "report" to state the issue and ideally that it is a premature failure of a component that hasn't been caused by user error, misuse, etc although that may be a given depending upon the issue. The TV shop opening the TV doesn't affect your rights as Argos has basically requested you do this. 

If the "report" is in your favour then your consumer rights entitle you to a repair or replacement. However you can not force the retailer to do so if it is impossible or disproportionately expensive. 

If Argos refuse a repair or replacement you can remind them of their obligations and ask why they are not repairing/replacing.

Should it be impossible/expensive to repair/replace or Argos simply refuse to do so then you have the final right to reject for a refund or the right to a price reduction (price reduction could be the cost of repair if the TV shop can do it for a reasonable fee), it's your right to choose which. 

If it's a refund this can be reduced to account for ownership (typically lifespan minus current ownership). 

Argos should also cover the cost of the "report" (again if in your favour).

If you don't have much luck with customer service you can Google CEO email and search that site for Argos and there will be an email address for a higher level of customer facing staff. 

Good luck  

mobileron

Another one should have gone to Richersound or JL for the free 5/6 year warranty.