18month old faulty TV- rights?
Discussion
There is a lot of misunderstanding about a European view on 6 years meaning that customers in the UK assume that they have 6 years and any issue they can swap an item for a new one!
basically, if something goes wrong which shouldn't be expected to go wrong normally on that type of device in that time period then you may have a valid claim
So if a TV screen would normally last 4 years and yours goes in 18 months - you might be able to expect a repair
the 6 years comes from an expectation that after that period generally it is not unusual for things to go wrong...
however, different items may have different expectations - e.g. a £10 toaster might be expected to only last 18 months to 2 years - whereas a Dualit toaster for much more might be expected to last 2-4 years etc.
so it comes down to what is expected lifetime for a specific device.
then you will need to recognise that you have had xx period of usage and value from it
so possibly the most you might expect is assistance with repair
with all of this:
- you have no 6 year warranty / rights per se
- your warranty is limited to the manufacturer's warranty, usually 1 year
- there may be a need to share costs
- manufacturers rarely know the law / or pretend they don't - you might need to go to court and there is no guarantee that you will win - if the component has a tendency to go at a period outside the warranty then it could be seen as normal - in which case, bad luck.
ultimately - check the cost of repair / replacement, and whether the issue can be expected or not
it may be simplest to repair / buy another
basically, if something goes wrong which shouldn't be expected to go wrong normally on that type of device in that time period then you may have a valid claim
So if a TV screen would normally last 4 years and yours goes in 18 months - you might be able to expect a repair
the 6 years comes from an expectation that after that period generally it is not unusual for things to go wrong...
however, different items may have different expectations - e.g. a £10 toaster might be expected to only last 18 months to 2 years - whereas a Dualit toaster for much more might be expected to last 2-4 years etc.
so it comes down to what is expected lifetime for a specific device.
then you will need to recognise that you have had xx period of usage and value from it
so possibly the most you might expect is assistance with repair
with all of this:
- you have no 6 year warranty / rights per se
- your warranty is limited to the manufacturer's warranty, usually 1 year
- there may be a need to share costs
- manufacturers rarely know the law / or pretend they don't - you might need to go to court and there is no guarantee that you will win - if the component has a tendency to go at a period outside the warranty then it could be seen as normal - in which case, bad luck.
ultimately - check the cost of repair / replacement, and whether the issue can be expected or not
it may be simplest to repair / buy another
Osinjak said:
Alucidnation said:
What did the supplier/manufacturer say when you contacted them?
You know he hasn't asked them yet so why the stupid question, trying to make yourself look a bit clever?
Where does it say in his post that he hasn't already spoken to them?
I am assuming that he has had contact and they have refused, therefore is looking further into whether he has any further rights as a consumer.
Now run along and let the grown ups talk.
Recently had an issue with a cooker that went south after 13 months, it appeared that we had to prove the fault was existing??? No legal expert and this was the tail end of 2015. Expected at least four years out of it if not more, it was not cheap.
That would mean getting it repaired and the repair engineer showing the fault as pre existing?? I think? Legal eagles will say I am wrong here.... then on to small claims
http://www.which.co.uk/consumer-rights/regulation/...
My approach to the shop was a mare. They basically told me to do one, even if I proved my case, they would not repair (happy with a repair). So gave up and decided never to darken their door again. Did not fancy a trek through the small claims.
That would mean getting it repaired and the repair engineer showing the fault as pre existing?? I think? Legal eagles will say I am wrong here.... then on to small claims
http://www.which.co.uk/consumer-rights/regulation/...
My approach to the shop was a mare. They basically told me to do one, even if I proved my case, they would not repair (happy with a repair). So gave up and decided never to darken their door again. Did not fancy a trek through the small claims.
Alucidnation said:
You obviously have difficulty in basic comprehension.
Where does it say in his post that he hasn't already spoken to them?
I am assuming that he has had contact and they have refused, therefore is looking further into whether he has any further rights as a consumer.
Now run along and let the grown ups talk.
Otherwise he would have said so, wouldn't he? I can read just fine, it's a shame you can't.Where does it say in his post that he hasn't already spoken to them?
I am assuming that he has had contact and they have refused, therefore is looking further into whether he has any further rights as a consumer.
Now run along and let the grown ups talk.
Firstly, your consumer rights are against the retailer, not the manufacturer.
In the first six months it's assumed the fault is inherent and its for the retailer to prove otherwise. After six months, you will need to get an independent report to show it was a manufacturing defect that was most likely there from the start. The retailer must reimburse you if they accept the report. If they don't accept it, court is your only option (although in reality if you go down the social media route they might give in without a fight).
Ultimately, most retailers, if pushed, will offer some good will or if the report shows a defect, offer to repair, refund or replace the item. As you have had 18 months use, it wouldn't be reasonable to expect 100% refund but you might get a good percentage back.
Richer Sounds are usually very good with this sort of thing. What is the exact problem with the TV? They do offer 6 years warranty but only to VIP customers (which is free to join) so it's unusual you don't have that?
In the first six months it's assumed the fault is inherent and its for the retailer to prove otherwise. After six months, you will need to get an independent report to show it was a manufacturing defect that was most likely there from the start. The retailer must reimburse you if they accept the report. If they don't accept it, court is your only option (although in reality if you go down the social media route they might give in without a fight).
Ultimately, most retailers, if pushed, will offer some good will or if the report shows a defect, offer to repair, refund or replace the item. As you have had 18 months use, it wouldn't be reasonable to expect 100% refund but you might get a good percentage back.
Richer Sounds are usually very good with this sort of thing. What is the exact problem with the TV? They do offer 6 years warranty but only to VIP customers (which is free to join) so it's unusual you don't have that?
Osinjak said:
Alucidnation said:
You obviously have difficulty in basic comprehension.
Where does it say in his post that he hasn't already spoken to them?
I am assuming that he has had contact and they have refused, therefore is looking further into whether he has any further rights as a consumer.
Now run along and let the grown ups talk.
Otherwise he would have said so, wouldn't he? I can read just fine, it's a shame you can't.Where does it say in his post that he hasn't already spoken to them?
I am assuming that he has had contact and they have refused, therefore is looking further into whether he has any further rights as a consumer.
Now run along and let the grown ups talk.
You obviously missed the "Richer Sounds said no" bit.
Edited by Alucidnation on Saturday 31st December 21:55
My Wife's I-phone 5 gave up the ghost at 14 months so she took it to the apple shop. Engineer took it away and returned 10 mins later to inform us it was knackered and the broken internal part couldn't be fixed. As it was out of warranty the only thing she could do was buy a new one at a discounted price. She originally bought it in Holland for €500 (had receipt with her) and the warranty there is 2 years, but as she was back in England tough s
t you only get 1 year
What made it worse was the engineer was in total agreement with us that it wasn't acceptable, but said his hands were tied so we had no joy and had to suck it up.
t you only get 1 year What made it worse was the engineer was in total agreement with us that it wasn't acceptable, but said his hands were tied so we had no joy and had to suck it up.foxsasha said:
I had a Dell laptop that failed 6 months out if warranty. Dell initially refused to fix it, I told them I'd see them in court if they didn't and they fixed it. 'Computer says no' is the default answer, give them a push.
I took a different approach when my Nextbase dashcam failed after 14Months. Halfords where I bought it from said Nextbase will not do anything this was following their call to Nextbase.I rang them direct and just explained how disappointed I was that a product only 2 months out of warranty should fail.
They agreed to repair FOC. However when it was returned 5 days after posting to them I found they had sent me a brand new item.
Stormfly1985 said:
Firstly, your consumer rights are against the retailer, not the manufacturer.
Some retailers are better than others, as are some manufacturers.As I have mentioned before, if you encounter a recalcitrant retailer and paid with a credit card just use the s75 protection. The banks don't seem to argue at all.
I had a 4 year old fridge freezer fail. Currys of course didn't want to know, but the credit card company just paid up (with obviously an allowance for the 4 years use).
tony wright said:
My Wife's I-phone 5 gave up the ghost at 14 months so she took it to the apple shop. Engineer took it away and returned 10 mins later to inform us it was knackered and the broken internal part couldn't be fixed. As it was out of warranty the only thing she could do was buy a new one at a discounted price. She originally bought it in Holland for €500 (had receipt with her) and the warranty there is 2 years, but as she was back in England tough st you only get 1 year What made it worse was the engineer was in total agreement with us that it wasn't acceptable, but said his hands were tied so we had no joy and had to suck it up.
Ist you only get 1 year What made it worse was the engineer was in total agreement with us that it wasn't acceptable, but said his hands were tied so we had no joy and had to suck it up.te...Still, for a €500 item, I'd be driving or flying to Holland for a replacement...
I think generally, if you sound like you know what your rights are, manufacturers generally cave in, IF it's within a reasonable period.
Some months ago my TomTom died, it was just over 3 years old. I emailed TomTom to state that I didn't consider it to be a reasonable period it worked for. Initially I got an email referring me to the one year warranty, and an offer of 25% off a new TomTom. I replied stating that the consumer rights act, formally the sale of goods act states that items should last for a reasonable period of time, and that they may want to consider their next response, as if they didn't sort it I would take action against them. Their next reply was that 'as a gesture of good will, because I am a valued customer' they would replace the unit for a new one, which they did. Two emails saved me £100, happy days.
Some months ago my TomTom died, it was just over 3 years old. I emailed TomTom to state that I didn't consider it to be a reasonable period it worked for. Initially I got an email referring me to the one year warranty, and an offer of 25% off a new TomTom. I replied stating that the consumer rights act, formally the sale of goods act states that items should last for a reasonable period of time, and that they may want to consider their next response, as if they didn't sort it I would take action against them. Their next reply was that 'as a gesture of good will, because I am a valued customer' they would replace the unit for a new one, which they did. Two emails saved me £100, happy days.
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