WARRANTY OUT..MY RIGHTS

brando75 · 18-11-2014 10:22pm #1

HI ALL,
BOUGHT A 40'' TV IN FEB 2012.. COST 770 EURO.. 3 WEEKS AGO SCREEN JUST FAILED OF ITS OWN ACCORD.. RANG THE WELL KNOWN RETAILER WHO SENT ME TO WELL KNOWN MANUFACTURER AS I WAS OUT OF MY 1 YEAR WARRANTY.. MANUFACTURER DOESN'T SUPPLY THE SCREENS FOR THIS TV ANYMORE SO ITS NOT REPAIRABLE.. HOWEVER AFTER PLENTY OF CALLS TO MANUFACTURER OVER 3 WEEKS THEY'VE AGREED TO BUY BACK TV FOR 335 EURO...RETAILER HAS TRIED TO WASH THEIR HANDS OF THE ISSUE..
AFTER CONTACTING THE CONSUMERS ASSOC THEY RECKON MY CASE IS WITH THE RETAILER..STATUTORY RIGHTS AFFECTED AS GOODS WERE NOT MERCHANTABLE QUALITY..
ANYBODY HAVE THIS SAME ISSUE? NOT SURE WHAT WAY SMALL CLAIMS GENERALLY RULES IN THESE CASES?? SHOULD I ACCEPT 335 AND RUN OR HOLD OUT FOR A REPLACEMENT TV OF SIMILAR SPEC OR A FULL REFUND??
THANKS IN ADVANCE FOR ANY INPUT

The Ritz · 19-11-2014 10:05pm

Mod Comment:

Moved here from Home Entertainment - someone here may be able to give some advice to this poster.

Thanks,

Ritz.

salamanca22 · 19-11-2014 10:08pm

Offering a 50% refund after a 2 and a half year period in my eyes is fairly reasonable.

If you don't think so you can take them to small claims court. Be forewarned though in no way will you ever get a full refund.

Deub · 19-11-2014 10:11pm

32 months after purchasing, I would gladly accept the 335€. It is half what you paid. You wouldn't have sold it at this price.

L1011 · 19-11-2014 10:25pm

€335 is possibly more than you'd get in an SCC case at this point, and without the hassle of actually getting paid from it. Take it and buy a different manufacturers TV.

Beano · 19-11-2014 10:44pm

Put 50 or 60 euro to that 335 and you could buy a new tv. a very good offer from the manufacturer

Xzen · 20-11-2014 12:23am

Your statutory rights follow the standard warranty of 1 year on most electrical items.
The only exceptions to his are:

- if the manufacturer provides a warranty greater than 12 months.
- if the defect occurred before the 12 months and you (a) reported it to manufacture or retailer before warranty expiry (b) didn't report it but can prove the defect occurred before warranty expiry.
- if you can prove that the TV was fundamentally defective from the get go. If there has been a very high rate of defects for that model you could claim there is a general defect with a batch or range of the same model. Also if there was ever a recall by manufacturer for that TV or a major component inside.

I doubt a small claims court would find in your favour after such a significant time.

Beyond that, not a lot you can do and considering the offers made I would be very happy getting 50% back, as others said above. I'd like to see you try that with Pixmania or some other retailer

jimmii · 20-11-2014 12:26am

Surprised you got any offer from them! It must just be a gesture of goodwill offer I would take it and get another one. Its out of warranty that's end of story really you are lucky to find a company willing to give you anything.

slimjimmc · 20-11-2014 12:44am

Xzen wrote: »

Your statutory rights follow the standard warranty of 1 year on most electrical items.
The only exceptions to his are:

- if the manufacturer provides a warranty greater than 12 months.
- if the defect occurred before the 12 months and you (a) reported it to manufacture or retailer before warranty expiry (b) didn't report it but can prove the defect occurred before warranty expiry.
- if you can prove that the TV was fundamentally defective from the get go. If there has been a very high rate of defects for that model you could claim there is a general defect with a batch or range of the same model. Also if there was ever a recall by manufacturer for that TV or a major component inside.

I doubt a small claims court would find in your favour after such a significant time.

Beyond that, not a lot you can do and considering the offers made I would be very happy getting 50% back, as others said above. I'd like to see you try that with Pixmania or some other retailer

If you think your statutory rights are limited to 1 year then you are mistaken. Throughout the EU you have a minimum of 2 years protection and in Ireland there is no specified period after which your rights expire, other than having max 6 years to make a claim (Statute of Limitations).
Also, your rights are not dependent on any guarantee or mass failures/recalls. Your TV could fail after the guarantee has expired and you would still be entitled to seek redress from the seller.

The SCC will consider what is reasonable and base it's decision on that. If they find that the TV should reasonably last 5 years (for example) and the manufacturer's offer is inadequate then they will very likely find in the OP's favour. Of course the OP would have to take his SCC claim against the seller not the manufacturer as the manufacturer has met it's obligations (1 year guarantee).

sandra06 · 20-11-2014 12:57am

brando75 wrote: »

HI ALL,
BOUGHT A 40'' TV IN FEB 2012.. COST 770 EURO.. 3 WEEKS AGO SCREEN JUST FAILED OF ITS OWN ACCORD.. RANG THE WELL KNOWN RETAILER WHO SENT ME TO WELL KNOWN MANUFACTURER AS I WAS OUT OF MY 1 YEAR WARRANTY.. MANUFACTURER DOESN'T SUPPLY THE SCREENS FOR THIS TV ANYMORE SO ITS NOT REPAIRABLE.. HOWEVER AFTER PLENTY OF CALLS TO MANUFACTURER OVER 3 WEEKS THEY'VE AGREED TO BUY BACK TV FOR 335 EURO...RETAILER HAS TRIED TO WASH THEIR HANDS OF THE ISSUE..
AFTER CONTACTING THE CONSUMERS ASSOC THEY RECKON MY CASE IS WITH THE RETAILER..STATUTORY RIGHTS AFFECTED AS GOODS WERE NOT MERCHANTABLE QUALITY..
ANYBODY HAVE THIS SAME ISSUE? NOT SURE WHAT WAY SMALL CLAIMS GENERALLY RULES IN THESE CASES?? SHOULD I ACCEPT 335 AND RUN OR HOLD OUT FOR A REPLACEMENT TV OF SIMILAR SPEC OR A FULL REFUND??
THANKS IN ADVANCE FOR ANY INPUT

not sure if this helps i had same prob with a washing machine ,spoke to cusumers rights they told me to sent a letter to retailer and told me what to put in letter (biggest point was expected life of product washing machine is about 4 yrs ) got a full refund from shop a week later do you still have receipt ? if you do you at least get a replacement product try comsumers rights again

foggy_lad · 20-11-2014 5:26am

you should deal only with the retailer as your contract is with them and you have no business or contract with the manufacturer!

your statutory rights provide for a remedy for a period of up to 6years for faults etc or if the goods are not of reasonable quality or not reasonably durable given their purpose and price paid for them.

any â‚¬700 TV should last much longer than 2.5years without serious fault unless it was in a children's play room and subjected to having light toys bounced off it for that long.

faults and damage caused by the consumer(yourself) are not covered by statutory rights!

any warranty or guarantee provided by the shopkeeper or manufacturer is in addition to your statutory rights and can be ignored if you so chose.

as stated write to the shop outlining the issue and asking them to provide a remedy in the form of a repair or replacement or refund as they are obliged to provide by law.

salamanca22 · 20-11-2014 8:34am

foggy_lad wrote: »

you should deal only with the retailer as your contract is with them and you have no business or contract with the manufacturer!

your statutory rights provide for a remedy for a period of up to 6years for faults etc or if the goods are not of reasonable quality or not reasonably durable given their purpose and price paid for them.

any â‚¬700 TV should last much longer than 2.5years without serious fault unless it was in a children's play room and subjected to having light toys bounced off it for that long.

faults and damage caused by the consumer(yourself) are not covered by statutory rights!

any warranty or guarantee provided by the shopkeeper or manufacturer is in addition to your statutory rights and can be ignored if you so chose.

as stated write to the shop outlining the issue and asking them to provide a remedy in the form of a repair or replacement or refund as they are obliged to provide by law.

They have offered a refund. At this stage they are not entitled to a full refund and if they brought a SCC case against the shop they would be down the SCC fee and would likely be awarded less than the shop has offered.

ScouseMouse · 20-11-2014 9:43am

jimmii wrote: »

Surprised you got any offer from them! It must just be a gesture of goodwill offer I would take it and get another one. Its out of warranty that's end of story really you are lucky to find a company willing to give you anything.

Cobblers!

Warranty is only a promise from the manufacturer. Your irish consumer rights run rings around that. Have a good read of consumer issues, there may even be a sticky for it.

JimsAlterEgo · 20-11-2014 10:02am

salamanca22 wrote: »

They have offered a refund. At this stage they are not entitled to a full refund and if they brought a SCC case against the shop they would be down the SCC fee and would likely be awarded less than the shop has offered.

they can also replace or repair - both of which would probably give a better resolution for the OP

donutheadhomer · 20-11-2014 10:07am

slimjimmc wrote: »

If you think your statutory rights are limited to 1 year then you are mistaken. Throughout the EU you have a minimum of 2 years protection and in Ireland there is no specified period after which your rights expire, other than having max 6 years to make a claim (Statute of Limitations).
Also, your rights are not dependent on any guarantee or mass failures/recalls. Your TV could fail after the guarantee has expired and you would still be entitled to seek redress from the seller.

The SCC will consider what is reasonable and base it's decision on that. If they find that the TV should reasonably last 5 years (for example) and the manufacturer's offer is inadequate then they will very likely find in the OP's favour. Of course the OP would have to take his SCC claim against the seller not the manufacturer as the manufacturer has met it's obligations (1 year guarantee).

Is it not up to the consumer to prove/show the fault and that it was a manufacturing fault

dudara · 20-11-2014 10:10am

donutheadhomer wrote: »

Is it not up to the consumer to prove/show the fault and that it was a manufacturing fault

No, I don't believe so. IMO it's unreasonable to put the onus of proof on a consumer (a regular Joe Soap). A consumer can claim a fault, but retailers/manufacturers are entitled to investigate to determine if a fault truly exists.

brando75 · 20-11-2014 1:28pm

sandra06 wrote: »

not sure if this helps i had same prob with a washing machine ,spoke to cusumers rights they told me to sent a letter to retailer and told me what to put in letter (biggest point was expected life of product washing machine is about 4 yrs ) got a full refund from shop a week later do you still have receipt ? if you do you at least get a replacement product try comsumers rights again

How old was your washing machine when it broke ? Was it out of warranty? And where did you get the 4 year life expectancy from? I do have a receipt

brando75 · 20-11-2014 1:35pm

Deub wrote: »

32 months after purchasing, I would gladly accept the 335€. It is half what you paid. You wouldn't have sold it at this price.

I don't sell 2nd hand televisions. This is not the reason i bought it.

Beano · 20-11-2014 1:45pm

brando75 wrote: »

I don't sell 2nd hand televisions. This is not the reason i bought it.

well then refuse their offer and go to small claims court.

foggy_lad · 20-11-2014 1:54pm

they were offered a sum of money by the manufacturer whom they have no contract or business with!

they have not been offered anything by the retailer who is legally obliged to deal with them, in fact the retailer passed them off to the manufacturer and basically refused to deal with them citing some rubbish about some shop warranty being out of date.

op you should write to the retailer as stated above and also download the forms from the small claims court website. taking a case which you have a very good chance of winning will cost you â‚¬25. the courts do not like when large companies wash their hands of their responsibilities to their customers.

Beano · 20-11-2014 2:04pm

foggy_lad wrote: »

they were offered a sum of money by the manufacturer whom they have no contract or business with!

they have not been offered anything by the retailer who is legally obliged to deal with them, in fact the retailer passed them off to the manufacturer and basically refused to deal with them citing some rubbish about some shop warranty being out of date.

op you should write to the retailer as stated above and also download the forms from the small claims court website. taking a case which you have a very good chance of winning will cost you â‚¬25. the courts do not like when large companies wash their hands of their responsibilities to their customers.

Define "winning"? Do you think that the court award will be greater than they have already been offered?

JimsAlterEgo · 20-11-2014 2:10pm

Beano wrote: »

Define "winning"? Do you think that the court award will be greater than they have already been offered?

court doesnt always award money, IMO a fairer award would be a replair or replacement as doesnt leave consumer out of pocket

L1011 · 20-11-2014 2:16pm

JimsAlterEgo wrote: »

court doesnt always award money, IMO a fairer award would be a replair or replacement as doesnt leave consumer out of pocket

At this time out from sale its very unlikely that they'll award that. 50% is pretty much what I'd expect them to award, especially considering the replacement cost is dropping like a stone too.

Beano · 20-11-2014 2:34pm

JimsAlterEgo wrote: »

court doesnt always award money, IMO a fairer award would be a replair or replacement as doesnt leave consumer out of pocket

read the op. the model is discontinued. You think they should be given a brand new tv after 2.5 years?

JimsAlterEgo · 20-11-2014 3:38pm

But should the consumer be out of pocket? Dont see why time matters!

brando75 · 20-11-2014 3:44pm

Beano wrote: »

read the op. the model is discontinued. You think they should be given a brand new tv after 2.5 years?

Yes. I absolutely feel i should be given a new tv or full refund. It is the retailers LEGAL OBLIGATION to sell goods of MERCHANTABLE QUALITY given their price and description. Is it reasonable to pay 770 euro for a tv which is broken and unrepairable due to manufacturing fault after 2.5 years? A replacement model of the same spec is not beyond the retailers legal obligation.

Beano · 20-11-2014 3:59pm

well best of luck with getting a full refund. Godspeed.

L1011 · 20-11-2014 4:29pm

brando75 wrote: »

Yes. I absolutely feel i should be given a new tv or full refund. It is the retailers LEGAL OBLIGATION to sell goods of MERCHANTABLE QUALITY given their price and description. Is it reasonable to pay 770 euro for a tv which is broken and unrepairable due to manufacturing fault after 2.5 years? A replacement model of the same spec is not beyond the retailers legal obligation.

But reality and history on here suggests that in all likelyhood in a Small Claims proceeding, you aren't going to get full value. That is your only realistic legal recourse in the first place.

You still haven't proven its due to a manufacturing fault either, remember.

brando75 · 20-11-2014 5:06pm

L1011 wrote: »

But reality and history on here suggests that in all likelyhood in a Small Claims proceeding, you aren't going to get full value. That is your only realistic legal recourse in the first place.

You still haven't proven its due to a manufacturing fault either, remember.

Sony have admitted this is a manufacturing fault. Television was with there recommended repairers. Who incidentally told me a new screen would cost 570 euro. But the screen is discontinued. However they suggested i give them the 570 in return for a tv. When i asked what tv?? they said they couldn't say until i accepted the offer!!!!
Is there history on here about small claims in these matters. Please reference me

L1011 · 20-11-2014 5:28pm

brando75 wrote: »

Sony have admitted this is a manufacturing fault. Television was with there recommended repairers. Who incidentally told me a new screen would cost 570 euro. But the screen is discontinued. However they suggested i give them the 570 in return for a tv. When i asked what tv?? they said they couldn't say until i accepted the offer!!!!
Is there history on here about small claims in these matters. Please reference me

That's the first time you've said that - in what way have they done so?

Just use the search function - the standard is for you to get a reduced amount for the age of the TV. Three years is a relatively long time for a large screen TV and the replacement price has also fallen so the remaining value in the TV is a hell of a lot less than what you paid for it. Consumer rights are not a new-for-old home insurance policy.

brando75 · 20-11-2014 5:41pm

L1011 wrote: »

That's the first time you've said that - in what way have they done so?

Just use the search function - the standard is for you to get a reduced amount for the age of the TV. Three years is a relatively long time for a large screen TV and the replacement price has also fallen so the remaining value in the TV is a hell of a lot less than what you paid for it. Consumer rights are not a new-for-old home
insurance policy.

Im not looking for new for old. Im looking for replacement for faulty

WARRANTY OUT..MY RIGHTS

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