Are we entitled to an immediate replacement?

ve

We got a 32" LCD TV in a local shop 4 months ago. Last Thursday evening the LCD panel simply would not illuminate. We tried everything, not even the TV UI was appearing, even though the TV was "On" and on occasion sound could be heard, but no picture. So we thought, to hell with this, TV is relatively new, so back we went to shop. We still had proof of purchase at hand, and under the Sales of Goods Act we thought we were entitled to a refund, replacement or repair since the item did not serve the purpose for which it was intended for a "reasonable" amount of time.

Immediately the store told us that they would send it to their repair people and try to fix it. In the mean time we were without a TV. I believed that we were entitled to choose between {a refund, a replacement, a repair}, so I requested a replacement and said I would leave the "broken" set with them. They said I could not do this as they are entitled to see if the TV is broken and repair it within a "reasonable" amount of time, because it is older than 28 days. I said "surely that infringes upon my statuatory rights". They said that my interpretation of the Sales of Goods Act was incorrect that they do not have to simply take back a "broken" set, and give me a replacement.

They did offer to give us a crap CRT TV, while they have a look at our set, which depending on the problem could take up 2 weeks to assess/fix. They said if it takes longer than that they can go back to the manufacturer and tell them that they attempted to fix it and that they want a replacement. This they told me was a restriction imposed by the manufacturer. I told them that their dealings with repair people/manufacturers were not my concern and that my rights are in relation to my dealings directly with the retailer. They said that they can't simply take back TVs and hand out new ones every time someone comes in and says their TV is "broken".

Where do we stand with this?

To be honest, you don't go and buy an expensive TV, use it correctly, and have it fail in 4months and consider this OK. Nobody in their right mind would purchase such an item if they thought it was going to break down in such a short amount of time.

Kensington

Unfortunately, no you are not entitled to an immediate replacement. Because you've used the TV for 4 months, it's no longer "new" and so they're not going to hand you out a brand new set, regardless of the fact that the TV failed within 4 months which understandly, is extremely poor. Under the Sale Of Goods and Supply Of Services, yes you are entitled to the option of one of a Refund, Replacement or Repair, however the choice of which one applies is completely at the choice of the store from which you purchased the set, not the consumer. Once they offer you one of the three R's, they are in no way infringing your consumer rights (that is of course if they carry out the Repair as quickly as possible).

chrislad

You can only choose Repair, Refund or Replacement within 14 days. After that, it's up to the seller.

foggy_lad

they have offerred to repair or if that takes too long they will apply to the manufacturer for a replacement for you and while this is going on they have offerred you a replacement set which all sounds very fair and good service as you have had 4months service from the tv