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Currys TV and warranty

  • 22-02-2010 6:09pm
    #1
    Registered Users Posts: 408 ✭✭


    I know this has benn asked before and have looked at some of the old threads but thought I'd post anyway.

    40" Sony LCD TV purchased from Currys start of Feb '09. Dead as of last Saturday. Cant find receipt but have credit card statement. Was taped to back of TV but I think one of the kids got hold of it!

    Called in today and was nice and polite and got absolutely nowhere. "It's not our problem once it goes over the 12 months" and "call sony as it's not our problem".

    On reading threads here I can take it thats not the case?

    Should I call sony or just go through small claims. What's the best way to word the application etc


«1

Comments

  • Moderators, Business & Finance Moderators, Sports Moderators Posts: 14,780 Mod ✭✭✭✭whiterebel


    gramlab wrote: »
    I know this has benn asked before and have looked at some of the old threads but thought I'd post anyway.

    40" Sony LCD TV purchased from Currys start of Feb '09. Dead as of last Saturday. Cant find receipt but have credit card statement. Was taped to back of TV but I think one of the kids got hold of it!

    Called in today and was nice and polite and got absolutely nowhere. "It's not our problem once it goes over the 12 months" and "call sony as it's not our problem".

    On reading threads here I can take it thats not the case?

    Should I call sony or just go through small claims. What's the best way to word the application etc

    Nothing to do with Sony, its between you and PC World


  • Registered Users Posts: 33,519 ✭✭✭✭dudara


    Absolutely nothing to do with Sony, unless you want to pay Sony to have it repaired.

    Your contract of purchase is with Curry's. As a consumer, you are entitled to expect a product to last a reasonable amount of time. The definition of "reasonable" depends on the product in question. For a television, that can surely be expected to be more than one year.

    Go in, ask to speak to the manager. Outline your expectations to them, and remind them that under consumer law, you are reasonably entitled to a refund, repair or replacement. Let them make an offer and be nice.

    If they refuse to budge, remind them that you will give them 10 working days to resolve the issue, or you will be lodging a claim in the Small Claims Court (cheap and easy to do). Back your statement up with a written letter posted via registered post to the manager and Curry's HQ.


  • Registered Users Posts: 408 ✭✭gramlab


    Spoke to the manager for 10 mins today and got absolutely nowhere. I was as calm and polite as I could be (surprisingly so for me). Spoke to someone behind the pay desk first who sent me off to a lady at the services deak who then went to speak to the manager, came back, went off to the manager again and returned with the manager who turned out to be the woman behind the pay desk who sent me off in the first place!!

    Played the only just out of warranty and good will card for a while to no avail, and then quoted consumer rights and claims court but got the not our problem and dont believe everything you read line.


  • Registered Users Posts: 412 ✭✭Chonker


    You get a 1 year manufacturers warranty. After that you should get an independent engineer to assess the tv to try prove its a manufacture issue as opposed to ?? maybe a power surge issue (It can Happen) or other.

    Should you be able to prove that, you should have no problems.

    Lets just say your tv suffered a fault due to a power surge, why would you expect your supplier to fix it after one year. Why you you expect a supplier to take the time and effort looking at it when its out of warranty.

    Thats why you are better off being armed with facts before you demand anything otherwise you might be very disappointed.

    Having said all that best of luck with it, not a nice situation to be in.


  • Registered Users Posts: 412 ✭✭Chonker


    dudara wrote: »

    Your contract of purchase is with Curry's. As a consumer, you are entitled to expect a product to last a reasonable amount of time. The definition of "reasonable" depends on the product in question. For a television, that can surely be expected to be more than one year..

    Agreed! to a point, a tv will last 2 seconds if it encounters a power surge, Im just using power surge as an example of which there are many that could be the fault. You or I have no idea what the TV could have been subject to in its first year of life, dampness, dust you name it, without knowing that how could we suggest " This tv should last more that one year"

    I have in the past fixed lcd's and I can tell you that odds are its not a manufacturer fault after that lenght of time.


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  • Registered Users Posts: 33,519 ✭✭✭✭dudara


    Monkeylicious - you're right, but I'd expect Curry's to offer to send the TV for analysis to determine to cause of failure. They shouldn't be fobbing the OP off like this.


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Thats why you are better off being armed with facts before you demand anything otherwise you might be very disappointed.

    You should re-examine your facts. What if you had the TV 2 days, and it stopped working due to a power surge or some other event, should you pay for the TV to be assessed by an independent technician before returning it to the shop? No, you shouldn't. You bring it back and the shop/manufacturer will assess the TV and determine if it's a manufacturing fault or not. The 1 year manufacturer's warranty is in addition to your rights, and does not supersede or replace your rights, nor do your rights end with the warranty. Whether it's 1 day old, or 1 year and 1 day old is irrelevant, the customers rights and options are the same.

    The product stopped working, and it's within the reasonable life of the product, therefore it's the suppliers responsibility to investigate it.


  • Registered Users Posts: 408 ✭✭gramlab


    Agreed! to a point, a tv will last 2 seconds if it encounters a power surge, Im just using power surge as an example of which there are many that could be the fault. You or I have no idea what the TV could have been subject to in its first year of life, dampness, dust you name it, without knowing that how could we suggest " This tv should last more that one year"

    I have in the past fixed lcd's and I can tell you that odds are its not a manufacturer fault after that lenght of time.

    TV is on a surge protected extension lead. Damp and dust not an issue.
    A 900euro Sony TV or any TV for that matter should work for longer than 12 months


  • Registered Users Posts: 408 ✭✭gramlab


    If going down the small claims route, when I fill out the application should I just detail the facts or should I add anything about consumer rights, sale of goods act etc or is that necessary??


  • Registered Users Posts: 412 ✭✭Chonker


    gramlab wrote: »
    TV is on a surge protected extension lead. Damp and dust not an issue.
    A 900euro Sony TV or any TV for that matter should work for longer than 12 months


    Im sure that is the case unfortunately its pretty hard to prove that to the seller after 12 months. Suppliers and manufacturers will not go to the expense out of warranty to prove that your are right or wrong.

    Indeed as suggested in an above post if in warranty they will have to diagnose them self. I wasn't suggesting they would not, just simply saying if they found a fault i.e power surge after 2 days it would be unlikely they would repair even a two day old TV.

    Having said all that in my opinion your best bet, if the general manager can or will not help is to try get in touch with an area manager or seek help from somebody in head office before you go down the small claims route. Should you go that route you may end up having to prove its manufacturer fault before the court, depends on the judge and how he feels about the any past issues he has had.

    Agreed though a TV should last more than 12 months Im sure more that 95% do. We have only your good word that it was looked after, I believe you but will Sony? My guess is no.

    Best of luck


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  • Registered Users Posts: 412 ✭✭Chonker


    jor el wrote: »
    You should re-examine your facts. What if you had the TV 2 days, and it stopped working due to a power surge or some other event, should you pay for the TV to be assessed by an independent technician before returning it to the shop? No, you shouldn't. You bring it back and the shop/manufacturer will assess the TV and determine if it's a manufacturing fault or not. The 1 year manufacturer's warranty is in addition to your rights, and does not supersede or replace your rights, nor do your rights end with the warranty. Whether it's 1 day old, or 1 year and 1 day old is irrelevant, the customers rights and options are the same.

    The product stopped working, and it's within the reasonable life of the product, therefore it's the suppliers responsibility to investigate it.


    With the greatest respect, maybe you should re examine my post. I at no time suggested after 2 days they would not diagnose the issue.


  • Registered Users Posts: 1,282 ✭✭✭Kent Brockman


    Would your TV be covered by your house contents insurance ? (just suggesting another possible option)


  • Registered Users Posts: 3,736 ✭✭✭ch750536


    Forget insurance and small claims just for now.

    Tell them that under section 10 of the Sales of Goods Act 1980 you consider the TV you purchased not to be of suitable quality for sale as it has developed a fault within the expected life of the unit, which you expect to be 5 years.

    If they still refuse ask for the details of who to put this issue in writing to and take the name of the manager of the store that you have spoken to.

    Then send a letter stating the same, & that you expect a response within 10 days else you will apply for proceedings with the small claims court.

    Do it all nicely and politely and this will be resolved.

    eta, your contract is with the seller not the manufacturer, do not go down this route.
    Read this very similar thread after a fault 3 years down the line.


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    With the greatest respect, maybe you should re examine my post. I at no time suggested after 2 days they would not diagnose the issue.

    No, and I never said you did. You said that as 1 year had passed, the buyer should get an independent assessor to investigate and determine if there was damage caused. However, the 1 year warranty period is irrelevant, and the buyer has pretty much the same entitlements now as he did when the TV was 1 day old.

    If anything, getting a 3rd party to inspect (open up) the TV would invalidate any kind of warranty, and the shop/manufacturer could refuse to deal with the customer, unless this 3rd party were authorised by the manufacturer.


  • Registered Users Posts: 408 ✭✭gramlab


    Would your TV be covered by your house contents insurance ? (just suggesting another possible option)

    Don't know but would prefer not to go that route anyway in case something else happens in the near future, need to change insurers etc

    A far as I'm concerned a nearly new TV (which I would still call it) form a reliable, brand name manufacturer has developed a fault and I dont think I should fork out 200+ euro (rang a repairer and described the problem) to fix it.

    Also, I could rant about the lack of people skills and apathy shown by the store manager but thats for a different thread:mad:


  • Registered Users Posts: 412 ✭✭Chonker


    gramlab wrote: »
    Also, I could rant about the lack of people skills and apathy shown by the store manager but thats for a different thread:mad:


    I would try take it higher. By letter to head office or ask to speak to somebody more senior than the GM, if for nothing else to express your concerns towards the managers people skills or lack there of.

    As a matter of interest which model do you have, have you checked online to see if there is a history of issues with your model could help if you are armed with other issues.


  • Registered Users Posts: 408 ✭✭gramlab


    I would try take it higher. By letter to head office or ask to speak to somebody more senior than the GM, if for nothing else to express your concerns towards the managers people skills or lack there of.

    As a matter of interest which model do you have, have you checked online to see if there is a history of issues with your model could help if you are armed with other issues.

    Getting the number or even thename of someone high up would probably be a pain in the neck if possible at all.

    Decided to ring the Sony support number before I go the claims route. Passed around a bit but eventually got a guy who was actually a pleasure to speak to. Basically I gave him the details, he is supposed to get an engineer/repair
    guy to have a look at it and depending on what he says about the problem and the cost, they might do something.

    To be continued....


  • Registered Users Posts: 7,943 ✭✭✭_Whimsical_


    gramlab wrote: »
    Getting the number or even thename of someone high up would probably be a pain in the neck if possible at all.

    Decided to ring the Sony support number before I go the claims route. Passed around a bit but eventually got a guy who was actually a pleasure to speak to. Basically I gave him the details, he is supposed to get an engineer/repair
    guy to have a look at it and depending on what he says about the problem and the cost, they might do something.

    To be continued....

    Sony are not legally obliged to fix your TV for free and I'd say it's very unlikely that they would.If I were you I would not go this route.

    I think you should write a letter addressed to the manager of the Currys you bought the TV in. Detail the issues you've been having with it and the difficulty that you've had trying to contact someone there to speak to.Tell them you want the TV repaired in accordance with your statutory rights.State in the letter that you want a favorable reply your letter within ten days or that you will be filing a complaint with the Small Claims Court. It's not your problem if they don't get the letter. As long as you've kept a copy and sent it via registered post your part is done and you have as much evidence as you need to win a small claims case.

    Don't take it lying down. A repair under the circumstances is your basic right here.


  • Closed Accounts Posts: 1,383 ✭✭✭91011


    Aftr having a problem with dixons over a camera about 6 years ago and having to get a solicitors letter before they replaced what turned out to be a well known manufacturing fault I learnt that Dixons, Currys / PC World (all same group) are the very very last place I would purchase anything and thankfully I have never had need to pruchase from them since.

    There is a lesson to be learnt from this - avoid PC World / Currys if you possibly will need any form of aftersales service.


  • Registered Users Posts: 408 ✭✭gramlab


    Update:

    Sony arranged to have a guy look at the TV (TVAE in Cork). He called out Tuesday and picked up he TV and a copy of the receipt and got back to me this evening.

    Supposedly the LCD screen is shot. 349+vat to fix it. He said sony got back to him and will cover the cost. All I have to pay is 30 quid for his service call as sony wont cover that.


    Hooray for Sony
    Boo for Currys


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  • Registered Users Posts: 412 ✭✭Chonker


    gramlab wrote: »
    Update:

    Sony arranged to have a guy look at the TV (TVAE in Cork). He called out Tuesday and picked up he TV and a copy of the receipt and got back to me this evening.

    Supposedly the LCD screen is shot. 349+vat to fix it. He said sony got back to him and will cover the cost. All I have to pay is 30 quid for his service call as sony wont cover that.


    Hooray for Sony
    Boo for Currys

    Boo for Sony for clearly manufacturing a poor quality TV and then making you pay 30. Don't you think?


  • Moderators, Business & Finance Moderators, Sports Moderators Posts: 14,780 Mod ✭✭✭✭whiterebel


    Well done for sticking at it.


  • Registered Users Posts: 187 ✭✭WopTittyPop


    91011 wrote: »
    There is a lesson to be learnt from this - avoid PC World / Currys if you possibly will need any form of aftersales service.

    People like you annoy me. You probably had one or two bad experiences in ONE branch and then you assume the whole company has the same attitude as that store! There are probably some people in these shops who put in the effort to give the best customer service possible, yet you bad mouth every single one of them because you probably had an issue with one of their thousand employees!
    gramlab wrote: »
    Update:

    Hooray for Sony
    Boo for Currys

    As for the OP, boo for Sony! Any goods purchased from a store are only guaranteed through the store's 12 month manufacturer warranty. Unless you took out an extended warranty they are under no obligation to help you, and most certainly they are not under the obligation to have your TV fixed free of charge, replaced or refunded. However, you could go into the store and ask them to send it to Sony to have it assessed by a professional engineer, who in turn would quote you a price for a repair! I'm sure if you went into the store and said this to them, they would be glad to help!

    Imagine it this way, if your car broke down a year after you bought it, you would definitely not take it back to the car dealership and demand a free repair or replacement/refund! You'd more than likely get a mechanic to have a look at it, who would eventually charge you a repair fee! The same thing applies to electrical goods, and where people get off thinking they can get free repairs or replacements for life is beyond me!


  • Registered Users Posts: 4,559 ✭✭✭Millicent


    People like you annoy me. You probably had one or two bad experiences in ONE branch and then you assume the whole company has the same attitude as that store! There are probably some people in these shops who put in the effort to give the best customer service possible, yet you bad mouth every single one of them because you probably had an issue with one of their thousand employees!



    As for the OP, boo for Sony! Any goods purchased from a store are only guaranteed through the store's 12 month manufacturer warranty. Unless you took out an extended warranty they are under no obligation to help you, and most certainly they are not under the obligation to have your TV fixed free of charge, replaced or refunded. However, you could go into the store and ask them to send it to Sony to have it assessed by a professional engineer, who in turn would quote you a price for a repair! I'm sure if you went into the store and said this to them, they would be glad to help!

    Imagine it this way, if your car broke down a year after you bought it, you would definitely not take it back to the car dealership and demand a free repair or replacement/refund! You'd more than likely get a mechanic to have a look at it, who would eventually charge you a repair fee! The same thing applies to electrical goods, and where people get off thinking they can get free repairs or replacements for life is beyond me!

    I'm getting more than a bit annoyed at people completing disregarding Irish consumer law. Under the Sale of Goods Act, the retailer is obligated to repair, replace or refund any product which malfunctions outside of what could be considering a reasonable lifetime for the appliance. A 900 euro tv should be expected to last for years. If it does not, the company is legally obligated to sort it out.

    It is not Sony's problem. The contract is between the retailer and the customer.

    OP, glad you got some sort of resolution to your problem though.:)


  • Registered Users Posts: 412 ✭✭Chonker


    Millicent wrote: »
    I'm getting more than a bit annoyed at people completing disregarding Irish consumer law. Under the Sale of Goods Act, the retailer is obligated to repair, replace or refund any product which malfunctions outside of what could be considering a reasonable lifetime for the appliance. A 900 euro tv should be expected to last for years. If it does not, the company is legally obligated to sort it out.

    It is not Sony's problem. The contract is between the retailer and the customer.

    OP, glad you got some sort of resolution to your problem though.:)

    Am I incorrect, he simply said they are under no obligation to RRR outside of warranty unless you have an independent engineer assess and prove manufacturer fault?

    I stand corrected but I too thought that was a fact, unless you took it to a court and a judge agreed the fault
    (a) was manufacturer defect
    or
    (b) in his opinion not a reasonable lifetime for the product.
    Regardless wont he too want an engineers assessment of the unit before he could rule?

    In my opinion Currys short of not being very helpfull to the OP did not disregard Irish consumer law. It would be impossible to assess every broken year and half old toaster, kettle or whatever so why would Irish consumer law force them too.

    Again I stand corrected.

    But well done OP. Strike one for the little guys


  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,246 CMod ✭✭✭✭Nody


    Am I incorrect, he simply said they are under no obligation to RRR outside of warranty unless you have an independent engineer assess and prove manufacturer fault?
    Yes because it is Curry's job to assess it and if they find a fault that is not due to quality (i.e. half a liter of coke poured down the inside) they can refuse the three Rs because of it. Then it would go to court over the issue if the consumer disagreed with the response.
    (b) in his opinion not a reasonable lifetime for the product.
    Regardless wont he too want an engineers assessment of the unit before he could rule?
    Usually no, the judge would not require an engineers assessment on it and it would be up to Curry to bring one if they want to show that the unit has that standard shelf life/expectations based on other products of similar price and quality.


  • Registered Users Posts: 412 ✭✭Chonker


    Nody wrote: »
    Yes because it is Curry's job to assess it and if they find a fault that is not due to quality (i.e. half a liter of coke poured down the inside) they can refuse the three Rs because of it. Then it would go to court over the issue if the consumer disagreed with the response.

    Usually no, the judge would not require an engineers assessment on it and it would be up to Curry to bring one if they want to show that the unit has that standard shelf life/expectations based on other products of similar price and quality.

    I cant see how that would be viable for any business, to pay for and assess any out of manufacturer warranty issue. Just imagine over a 3 year period how many tv's, washing machines, pc's, kettles etc could go wrong within that space of time.

    I cant believe the law states that Currys or indeed any other retailer should have to take that cost above and beyond the 1 year manufacturers warranty unless its a known issue.

    Would love to hear an experts view. Or some links to where it says its retailers responsibility to pay for and arrange assessment of any and all out of warranty repairs.

    I have seen in my time so many issues with tv's for example where the unit was damaged due to carelessness, neglect or household power issues, How could we expect any retailer to assess all of these issues outside of the manufacturers agreed warranty period.


  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,246 CMod ✭✭✭✭Nody


    I cant see how that would be viable for any business, to pay for and assess any out of manufacturer warranty issue. Just imagine over a 3 year period how many tv's, washing machines, pc's, kettles etc could go wrong within that space of time.
    Then they have to price it accordingly, the law don't change.
    I cant believe the law states that Currys or indeed any other retailer should have to take that cost above and beyond the 1 year manufacturers warranty unless its a known issue.

    Would love to hear an experts view. Or some links to where it says its retailers responsibility to pay for and arrange assessment of any and all out of warranty repairs.
    You can't get a legal advice on here but you can check with your solicitors or the SCC cases lost by the stores over it.
    12.—(1) In a contract for the sale of goods there is an implied warranty that spare parts and an adequate after sale service will be made available by the seller in such circumstances as are stated in an offer, description or advertisement by the seller on behalf of the manufacturer or on his own behalf and for such period as is so stated or, if no period is so stated, for a reasonable period.

    Now to touch on the 12 month manufacturer warranty specifically:
    15.—In sections 16 to 19, "guarantee" means any document, notice or other written statement, howsoever described, supplied by a manufacturer or other supplier, other than a retailer, in connection with the supply of any goods and indicating that the manufacturer or other supplier will service, repair or otherwise deal with the goods following purchase.
    Section 16 wrote:
    (4) A guarantee shall state clearly the procedure for presenting a claim under the guarantee which procedure shall not be more difficult than ordinary or normal commercial procedure.

    (5) A guarantee shall state clearly what the manufacturer or other supplier undertakes to do in relation to the goods and what charges, if any, including the cost of carriage, the buyer must meet in relation to such undertakings.
    17.—(1) Where the seller of goods delivers a guarantee to the buyer, irrespective of when or how it is delivered, the seller shall be liable to the buyer for the observance of the terms of the guarantee as if he were the guarantor, unless he expressly indicates the contrary to the buyer at the time of delivery.

    18.—(1) Rights under a guarantee shall not in any way exclude or limit the rights of the buyer at common law or pursuant to statute and every provision in a guarantee which imposes obligations on the buyer which are additional to his obligations under the contract shall be void.

    And this is your real killer for why the store IS liable no matter the manufacturer warranty:
    (2) An express condition or warranty does not negative a condition or warranty implied by this Act unless inconsistent therewith.
    In short the store IS liable, the STORE is responsible to get it fixed and no they can not in any way get out of that by saying the manufacturing warranty is 12 months because that is only in addition to existing legal protection. All warranties are with the store, the manufacturing warranty is only in addition to this normal protection.
    I have seen in my time so many issues with tv's for example where the unit was damaged due to carelessness, neglect or household power issues, How could we expect any retailer to assess all of these issues outside of the manufacturers agreed warranty period.
    They same way that need to assess anything else, review it, see if it is quality issue or user error and offer service accordingly or if they don't have the competency in house to do it to source it from another company. This is standard for all mobile companies for example where they are sent for review if a user has an issue with them.

    You can read the full law text here.


  • Moderators, Business & Finance Moderators, Sports Moderators Posts: 14,780 Mod ✭✭✭✭whiterebel


    People like you annoy me. You probably had one or two bad experiences in ONE branch and then you assume the whole company has the same attitude as that store! There are probably some people in these shops who put in the effort to give the best customer service possible, yet you bad mouth every single one of them because you probably had an issue with one of their thousand employees!



    As for the OP, boo for Sony! Any goods purchased from a store are only guaranteed through the store's 12 month manufacturer warranty. Unless you took out an extended warranty they are under no obligation to help you, and most certainly they are not under the obligation to have your TV fixed free of charge, replaced or refunded. However, you could go into the store and ask them to send it to Sony to have it assessed by a professional engineer, who in turn would quote you a price for a repair! I'm sure if you went into the store and said this to them, they would be glad to help!

    Imagine it this way, if your car broke down a year after you bought it, you would definitely not take it back to the car dealership and demand a free repair or replacement/refund! You'd more than likely get a mechanic to have a look at it, who would eventually charge you a repair fee! The same thing applies to electrical goods, and where people get off thinking they can get free repairs or replacements for life is beyond me!

    As posts go, it is difficult to find one so absolutely and totally wrong.....:D


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  • Registered Users Posts: 3,736 ✭✭✭ch750536


    Some drivel posted there.

    Really simple this. If you buy something (TV for example) from a supplier in Ireland...

    It has to last a reasonable life (see Sony arguing that should be <6 years in court?)
    The supplier has to deal with any issues.
    Between supplier and consumer to come up with an agreed way forward else small claims court (neither can tell the other which RRorR will happen)
    Where a cost occurs to find if the fault is due to the manufacturing process again an agreement needs to be met before undergoing any investigation. Its fine to agree that if this is not a manufacturing fault that the consumer pays the cost. <the OP should not have paid €30 but they chose to not deal with the retailer>

    If the supplier starts to have a major cost in repairing lots of TV's then they should change supplier. If that supplier has less orders they should stop making poor quality TV's.

    The system works, you just have to use it.


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