TV broken out of warranty

Potato_farl

HI,
I bought an LG TV from Harvey Norman in November 2017. It failed with a bang last night and seems totally broken. Will it be much hassle getting them to replace it under the Sale of Goods Act?

GerardKeating

Potato_farl wrote: »

HI,
I bought an LG TV from Harvey Norman in November 2017. It failed with a bang last night and seems totally broken. Will it be much hassle getting them to replace it under the Sale of Goods Act?

Depends on what made it go "bang", there was a lot of thunder about last night, if that was the cause, even a three day old TV might not be covered under the SOGA.

stoneill

If not - try it under your house insurance.

Dunno what happened, kids must have spilled something on it.

stevek93

GerardKeating wrote: »

Depends on what made it go "bang", there was a lot of thunder about last night, if that was the cause, even a three day old TV might not be covered under the SOGA.

Well if that was the case everything would have gone bang.

Potato_farl

GerardKeating wrote: »

Depends on what made it go "bang", there was a lot of thunder about last night, if that was the cause, even a three day old TV might not be covered under the SOGA.

I doubt the fault could be classed as an act of God, a bit of wind was all we had last night. I did a bit of research and it appears that a blown capacitor is the most likely explanation.

Xterminator

it would be covered if it was manufacturing fault.

if a power surge, liquid damage etc caused the fault then it would not be covered.

Harvey Norman should send it away for a report and if its covered offer you a repair/replacement/refund - refund would be pro-rated that you had 3 years of use.

give them a shout, if they mention manufacturers warranty & try to send you to LG , tell them nope, under sale and supply of goods act, im dealing with you the retailer

McGaz23

Let us know how you get on, I’m in a similar situation, bought a toshiba TV in Curry’s in Dec 2018 (14ish months ago). On Monday it turned on with sound but no picture. I know the 12 warranty is up but surely a TV should last longer! Anyone have experience with similar problems and dealing with curry’s?

Samuel T. Cogley

McGaz23 wrote: »

Let us know how you get on, I’m in a similar situation, bought a toshiba TV in Curry’s in Dec 2018 (14ish months ago). On Monday it turned on with sound but no picture. I know the 12 warranty is up but surely a TV should last longer! Anyone have experience with similar problems and dealing with curry’s?

Curry's are at the ****e end of the spectrum for customer service. Ask then (when they refuse to help) simply submit a claim using the small claims procedure. The downside is you may be asked to get an independent report which will cost as much as a new TV. You might see if there is a longer warranty from the manufacturer.

McGaz23

Samuel T. Cogley wrote: »

Curry's are at the ****e end of the spectrum for customer service. Ask then (when they refuse to help) simply submit a claim using the small claims procedure. The downside is you may be asked to get an independent report which will cost as much as a new TV. You might see if there is a longer warranty from the manufacturer.

Thanks! Unfortunately manufacturers warranty is only 12 months, so just outside that, I’ll take to to curry’s at the weekend and see what they say...

Potato_farl

I have an update:

The daft young fella in Harvey Norman Customer Care continually tried to tell me that the sale of goods act doesn't apply because the manufacturers warranty had expired. He couldn't comprehend that they had any duty beyond the expiry of the warranty. I'm waiting on a response from a manager, but I expect it'll be the small claims court from here.

zztop

Costs 150euro just to examine it.Sunday blew a few TVs it seems.

McGaz23

zztop wrote: »

Costs 150euro just to examine it.Sunday blew a few TVs it seems.

Did u pay the 150? If u pay it and it turns out to be a fault with the TV surely you shouldn’t have to foot the bill? If they weren’t willing to repair/replace/refund can you add this cost to your small claims court claim?

endacl

McGaz23 wrote: »

Did u pay the 150? If u pay it and it turns out to be a fault with the TV surely you shouldn’t have to foot the bill? If they weren’t willing to repair/replace/refund can you add this cost to your small claims court claim?

Once it doesn’t exceed the small claims limit.

con747

Potato_farl wrote: »

HI,
I bought an LG TV from Harvey Norman in November 2017. It failed with a bang last night and seems totally broken. Will it be much hassle getting them to replace it under the Sale of Goods Act?

https://thecai.ie/your-rights/your-rights/know-your-rights/
Show them this "Under the Sale of Goods and Supply of Services Act 1980, anything you buy from a retailer must be:

of merchantable quality
fit for its normal purpose, and reasonably durable
as described, whether the description is part of the advertising or wrapping, on a label, or something said by the salesperson.
When you buy goods from a retailer, you make a contract with him. He agrees to provide certain goods to you for a certain price. If your purchase turns out to be faulty, the retailer, not the manufacturer, is responsible to you and must sort out your complaint. You are entitled to a refund, a replacement or a repair." If it is a fault then it is not fit for normal purpose. Under EU law that extends to 6 years on certain items.

skinny90

Samuel T. Cogley wrote: »

Curry's are at the ****e end of the spectrum for customer service. Ask then (when they refuse to help) simply submit a claim using the small claims procedure. The downside is you may be asked to get an independent report which will cost as much as a new TV. You might see if there is a longer warranty from the manufacturer.

When it comes big items like Tvs they all are at the sh*te end, maybe Argos would be an exception but typically on bigger items they tend to go down this road also.
Anyways know your rights. If you cant get redress from contacting their HQ >Small claims

theteal

Potato_farl wrote: »

I have an update:

The daft young fella in Harvey Norman Customer Care continually tried to tell me that the sale of goods act doesn't apply because the manufacturers warranty had expired. He couldn't comprehend that they had any duty beyond the expiry of the warranty. I'm waiting on a response from a manager, but I expect it'll be the small claims court from here.

This is generally how the staff are trained. There is no mention of consumer law at all within these organisations, it's all about the company policy.

McGaz23

Just off the phone with Curry’s, initially they went down the road of “it’s out of warranty we’ll fix it for a charge”. I mentioned my consumer rights and immediately they switched to we’ll assess it (for £95) and refund this and repair if the fault is a manufacturer fault. Would anyone have/had issues with them assessing it?

WildCardDoW

McGaz23 wrote: »

Just off the phone with Curry’s, initially they went down the road of “it’s out of warranty we’ll fix it for a charge”. I mentioned my consumer rights and immediately they switched to we’ll assess it (for £95) and refund this and repair if the fault is a manufacturer fault. Would anyone have/had issues with them assessing it?

Should be no charge, demonstrate the fault in store and ask them to sort it out. Don't pay anything.

Samuel T. Cogley

McGaz23 wrote: »

Just off the phone with Curry’s, initially they went down the road of “it’s out of warranty we’ll fix it for a charge”. I mentioned my consumer rights and immediately they switched to we’ll assess it (for £95) and refund this and repair if the fault is a manufacturer fault. Would anyone have/had issues with them assessing it?

This is basically because of the two year warranty imposed by EU law (it does apply to Ireland through indirect effect - discussion on this in Legal Discussions). Only a fault that was there at the time of purchase is covered not a developed fault. After six months it's up to the purchaser to prove the fault existed at purchase. I personally don't really trust Currys but I doubt you'll get it assessed anywhere cheaper. Now you can argue Irish consumer rights but I'd be fairly sure if you then go down the small claims route they are going to ask for an independent report and possibly won't be willing to assess it themselves anymore.

Xterminator

McGaz23 wrote: »

Would anyone have/had issues with them assessing it?

They are entitled to assess if it is an issue with misuse, vs manufacturing fault.

i would personally tell them assessing the damage is something they should do as part of the process of enforcing your consumer rights.

If they don't bend, take them to small claims court for nearly a quarter of the price.

corks finest

For future reference richer sounds .ie have a 6 years warranty

Xterminator

this is true. but rights under sale of goods and supply act are greater than a limited warranty.

And richer sounds are not in the ROI, and uk is leaving EU .....

kathleen37

Richer Sounds never used to ship to IE, but there is actually a richersounds.ie website now, where you can buy in sterling or euro's. Delivery charges are as follows;

"Delivery charges on this site can vary depending on location.

Items ordered in £ from NI

All 3-5 day deliveries will be free.

Items ordered in £ from ROI

There is be a delivery charge of £6.99 per order for items ordered in £ for delivery into the Republic of Ireland.

Items ordered in € from ROI

All 3-5 day deliveries are free of charge.

Items ordered in € for delivery to NI

There is a delivery charge of €7.99 per order for items ordered in € for delivery into Northern Ireland.

Please note we do NOT delivery to Parcel Motel or any 3rd Party Freight Forwarders"

This is excellent as I used to use Richer Sounds all the time when living in the UK and was gutted that they didn't used to delivery to Eire. (I'm talking years ago) An excellent company

Samuel T. Cogley

And they have a talk to forum on boards

kathleen37

Samuel T. Cogley wrote: »

And they have a talk to forum on boards

I wish I'd known!! Hahah - I'm not surprised, I've always had excellent customer service from them. Jees, I hope they keep up the Ireland side re the B word...

corks finest

kathleen37 wrote: »

Richer Sounds never used to ship to IE, but there is actually a richersounds.ie website now, where you can buy in sterling or euro's. Delivery charges are as follows;

"Delivery charges on this site can vary depending on location.

Items ordered in £ from NI

All 3-5 day deliveries will be free.

Items ordered in £ from ROI

There is be a delivery charge of £6.99 per order for items ordered in £ for delivery into the Republic of Ireland.

Items ordered in € from ROI

All 3-5 day deliveries are free of charge.

Items ordered in € for delivery to NI

There is a delivery charge of €7.99 per order for items ordered in € for delivery into Northern Ireland.

Please note we do NOT delivery to Parcel Motel or any 3rd Party Freight Forwarders"

This is excellent as I used to use Richer Sounds all the time when living in the UK and was gutted that they didn't used to delivery to Eire. (I'm talking years ago) An excellent company

Got a tv delivered e79 cheaper than in the free state,free delivery+ 6 years warranty , fantastic prompt customer care service

Suckit

Have a read through this it may or may not be of any help
https://www.irishtimes.com/news/consumer/faulty-goods-know-your-rights-if-things-go-wrong-1.3450322

What exactly are my statutory rights?
EU consumer legislation has provided a sort of “legal guarantee” that entitles consumers across Europe to seek this redress when a good is faulty for a period of up to two years.

Two years? That’s good, right?
It’s better if you live in the Republic of Ireland. Under Irish law, the limitation period is actually six years. If a fault arises within the first six months of purchase, it is presumed to have existed at the time of delivery and it is up to the seller to prove otherwise or provide remedies. After six months, the consumer may be requested to show that the lack of conformity (eg, a hidden defect) already existed at the time of delivery. The seller should first offer a repair or replacement (liaising with the manufacturer if necessary) and provide this free of charge. If this is not possible or fails to correct the problem, then the consumer may request a refund.

Six years? That is a very long time.
Well, it does depend on multiple factors. The amount you pay for a product and the reasonable expectations as to how long it lasts are key here. If you spend €3,000 on a sofa and it falls apart after three years through no fault of your own then you can most likely seek redress under the Sale of Goods Act. Similarly if your spend €1,000 on a smart phone that just stops working after 14 months then you can seek redress. If the digital watch you bought for a fiver in a discount store breaks after five years , 11 months and 29 days and you wander in looking for a refund you can most likely whistle for it.