Faulty TV written off refund or replacement

robbiedonkey

Good evening all, 
I bought a TV from costco and it had the usual 2 year warranty. It also has the free extended 5 year one. 19 months in the tele has been written off by the third party that work for hisense, however I've had to deal with them firstly through Costco. Costco have said as long as I have an uplift number the will refund me the sale price. 
My question is can I demand a product replacement of equal quality regardless of if its a little bit more expsnsive? As to get a same quality TV now I have to pay an extra 200 as Costco don't stock the same TV anymore. I've had the TV 19 months.
Thanks. 

Mr.Generous

You can demand what you like, you are entitled by law to a refund OR a replacement. Free use of a TV for 19 months I guess.

visidigi

robbiedonkey said:

Good evening all, 
I bought a TV from costco and it had the usual 2 year warranty. It also has the free extended 5 year one. 19 months in the tele has been written off by the third party that work for hisense, however I've had to deal with them firstly through Costco. Costco have said as long as I have an uplift number the will refund me the sale price. 
My question is can I demand a product replacement of equal quality regardless of if its a little bit more expsnsive? As to get a same quality TV now I have to pay an extra 200 as Costco don't stock the same TV anymore. I've had the TV 19 months.
Thanks. 

You can ask. But they can also reduce for use and thats likely to be a lot more than £200.

I would take the refund and rebuy, after all, if you play smart its a further 5-6yr guarantee whereas if costco replace it the warranty would likely be 5 months, if the 5 year additional free terms are non transferable to other models (which is likely...)

Take the full refund if I were you.

macman

Mr.Generous said:

You can demand what you like, you are entitled by law to a refund OR a replacement. Free use of a TV for 19 months I guess.

The OP is not entitled to anything by law (i.e. CRA 2015) after 19 months. They are reliant on the manufacturer's or wholesaler's warranty, which in this case appears to be a refund only.
A full refund after 19m is a generous offer.

Ectophile

macman said:

Mr.Generous said:

You can demand what you like, you are entitled by law to a refund OR a replacement. Free use of a TV for 19 months I guess.

The OP is not entitled to anything by law (i.e. CRA 2015) after 19 months. They are reliant on the manufacturer's or wholesaler's warranty, which in this case appears to be a refund only.
A full refund after 19m is a generous offer.

If the retailer has admitted that the product is faulty, then the consumer has a legal case up to a maximum of 6 years.  The only thing that's different after 6 months is that the consumer may need to demonstrate that the item had an inherent fault.

MalMonroe

robbiedonkey said:

Good evening all, 
I bought a TV from costco and it had the usual 2 year warranty. It also has the free extended 5 year one. 19 months in the tele has been written off by the third party that work for hisense, however I've had to deal with them firstly through Costco. Costco have said as long as I have an uplift number the will refund me the sale price. 
My question is can I demand a product replacement of equal quality regardless of if its a little bit more expsnsive? As to get a same quality TV now I have to pay an extra 200 as Costco don't stock the same TV anymore. I've had the TV 19 months.
Thanks. 

I accidentally broke my TV, which I'd had for 14 months, a couple of months ago.

It had a 6 year guarantee - bought it from Richer Sounds - but of course that was useless, as I'd damaged it myself.

However I claimed on my contents insurance with Aviva and they didn't charge me any excess and they allowed me to replace the TV with a different model since the model I bought was no longer available. I wanted to get another TV from Richer Sounds because of the great service and 6 year guarantee (sorry, I'm really not advertising here).

The insurance company asked me for the claim form, obviously and some photos and a video of me talking about what had happened and pointing out the damage. (Embarrassing but necessary)

Everything was done online, was very quick and I was allowed to claim for a TV that was £50 more than my original one (with which I was very happy, until I damaged it).

Why has your telly been written off? If it's their fault and covered by the extended guarantee, then yes, ask if you can have one of a higher value because you didn't expect it to blow up so soon (or whatever it's done) and you can't find another model the same at the same price (which is understandable).

If you broke it then you can claim on your own insurance, same as I did. There was no quibbling at all.

I would never DEMAND, though. Not at first, anyway. I'd ask, nicely. It does work better that way.

Good luck. But I don't think you'll need it if you just negotiate sensibly.

mattyprice4004

You’ll not get a TV worth more - you’ve had nearly 2 year’s use out of it so they could actually reduce any refund you get. 

Careful how hard you push… 

zoob

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

DullGreyGuy

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

Which clause of the CRA do you think excludes it?

robbiedonkey said:

My question is can I demand a product replacement of equal quality regardless of if its a little bit more expsnsive? As to get a same quality TV now I have to pay an extra 200 as Costco don't stock the same TV anymore.

It sounds like you are operating under the warranty and so what you are or aren't entitled to will be defined in the warranty terms.

If you were claiming under your statutory rights you would be able to express a preference of replacement rather than refund however the retailer has the right to ignore that preference if it is materially more expensive for them. Under the CRA any item over 6 month old can be reduced in value to represent the use already received when considering a refund.

shiraz99

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

Your "suspicion" is completely without merit.

Bradden

shiraz99 said:

zoob said:

Costco isn't a retail store its a private members discount warehouse, so legally CRA2015 i suspect doesn't apply.
They may follow the CRA2015 rules but it might not have any legal standing 

Your "suspicion" is completely without merit.

I'm not 100% it's that simple.. they do offer different memberships for business customers which may legally come under B2B legislation even if they don't apply it.