Sale of Goods Act (TV purchased from Amazon out of warranty)

muggles

Hi all,

I was wondering if any of you could give me some info on the Sale of Goods Act and if it might apply in this situation:

I bought a Toshiba television from Amazon.co.uk in Jan 2013. Last week I went to turn on the television as per normal and realised the pilot light wasn't even lighting. There is just nothing from it! I emailed Toshiba with regards same and they have redirected me to Amazon stating "As this unit was purchased from Amazon it will have a bought out warranty. This means that Amazon will support the warranty work within the standard twelve month manufacturer’s warranty period, and then under the Sale of Goods Act beyond this."

I would assume a television is expected to last longer than a twenty month period but I also realise what I might assume may not necessarily translate in legal terms!! In the meantime I am going to inform Amazon of my issue and see what the response is and I will also read through the Sale of Goods Act but would appreciate any comments or thoughts on how, if at all, if may be relevant and applied in this case.

Thank you!

Bepolite

Firstly if your TV has a pilot light there is something very wrong. Beyond this amusing aside Toshiba are completely correct. You have no contract with the manufacturer. The analogy is you sell you friend Bill some paint, Bill sells it to me and I come back to you because it's gone off.

Under the Sale of Goods Acts (pedantry for the sake of it ) you are entitled to a repair or replacement within the reasonable lifetime of the product. If the repair is ineffectual you may have grounds for a refund, albeit a reduced one. This is from the seller in this case, Amazon.

You may have to be without the unit for a period of time but under S.I. No. 11/2003 - European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 this time should not be so long as to cause you significant inconvenience.

I hope that the mods will not mind this as it's bordering on legal advice. It's no more than would be posted in the Consumer Issues forum. One I no longer frequent due to my crusade - and a number of other reasons - against people stating there is a two year European warranty and my urge to murder them.

TL ; DR - Get on to Amazon they're normally pretty good.

Del2005

Bepolite wrote: »

Firstly if your TV has a pilot light there is something very wrong. Beyond this amusing aside Toshiba are completely correct. You have no contract with the manufacturer. The analogy is you sell you friend Bill some paint, Bill sells it to me and I come back to you because it's gone off.

Under the Sale of Goods Acts (pedantry for the sake of it ) you are entitled to a repair or replacement within the reasonable lifetime of the product. If the repair is ineffectual you may have grounds for a refund, albeit a reduced one. This is from the seller in this case, Amazon.

You may have to be without the unit for a period of time but under S.I. No. 11/2003 - European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 this time should not be so long as to cause you significant inconvenience.

I hope that the mods will not mind this as it's bordering on legal advice. It's no more than would be posted in the Consumer Issues forum. One I no longer frequent due to my crusade - and a number of other reasons - against people stating there is a two year European warranty and my urge to murder them.

TL ; DR - Get on to Amazon they're normally pretty good.

That all depends on which jurisdiction Amazon use for their sales, the Sale of Goods Act only works if Amazon are working under Irish law and I doubt they are, most likely it'll be UK or some other EU countries law and they don't have as much protection as we do. Shipping the TV back to Amazon will be expensive and if the OP used ParcelMotel they won't get the full cost back if it is defective.

Bepolite

Del2005 wrote: »

That all depends on which jurisdiction Amazon use for their sales, the Sale of Goods Act only works if Amazon are working under Irish law and I doubt they are, most likely it'll be UK or some other EU countries law and they don't have as much protection as we do. Shipping the TV back to Amazon will be expensive and if the OP used ParcelMotel they won't get the full cost back if it is defective.

It's not actually the jurisdiction they use but where the contract is completed. The Sale of Goods Acts in England and Wales are almost identical to our own. The EU regulation cited would also be in effect in the UK although it will be enacted through their own (and Scotland's) secondary legislation.

muggles

Very happy to report that within twenty mins of emailing Amazon I received a lengthy response including apology, confirmation new TV was being dispatched this morning, details as to how to go about returning the faulty unit and to be sure to forward copies of postage receipts so those costs could also be reimbursed. Rather than being put off purchasing from Amazon over the faulty unit, this level of customer care only endorses future purchases. I really don't think I've ever had such a positive experience from a complaint!! Pity other companies wouldn't follow suit (Calor Gas being one.........maybe that's why I was looking for the pilot light on my TV!!!! :-p ).

Thank you Del2005 and Bepolite for your comments.