Am i entitled to replacement under SOGA?

[rupert88]

Please refer to:
http://www.avforums.com/forums/lcd-televisions/1086853-faulty-samsung-le40f86bdx.html

My tv has developed a fault out of warranty that is going to be uneconomical for me to get repaired (panel is probably failing).

When i first bought my tv it had to be sent back and replaced with a different unit. After i received my replacement one i sent it off to a Samsung certified repair shop as it was displaying a lot of white flickering. I got it back and it seemed to have been fixed, but...about 18months or so later it has now developed patchy areas on the screen.


I have called Samsung already and they have referred me to a repair shop but have refused to pay for the repair as it is out of warranty.

What i would like to know is am i eligible to have my tv replaced under the Sales Of Goods Act?

When i bought this tv i expected for it to last for at least 5 years and it hasnt even managed 2.

Thanks again.

 

[Stratospheric]

Please refer to:
http://www.avforums.com/forums/lcd-televisions/1086853-faulty-samsung-le40f86bdx.html

My tv has developed a fault out of warranty that is going to be uneconomical for me to get repaired (panel is probably failing).

When i first bought my tv it had to be sent back and replaced with a different unit. After i received my replacement one i sent it off to a Samsung certified repair shop as it was displaying a lot of white flickering. I got it back and it seemed to have been fixed, but...about 18months or so later it has now developed patchy areas on the screen.

I have called Samsung already and they have referred me to a repair shop but have refused to pay for the repair as it is out of warranty.

What i would like to know is am i eligible to have my tv replaced under the Sales Of Goods Act?

When i bought this tv i expected for it to last for at least 5 years and it hasnt even managed 2.

Thanks again.

SOGA applies to the vendor not the manufacturer and up to six years from the date of purchase. You need to take up the issue with the seller.

Contact their customer support center or go back to the shop and tell them you have a problem with the TV and ask them what they can do to help. They should volunteer SOGA and ask you to get an independent fault diagnosis and written report together with a repair estimate. This will carry a cost (circa £50 - £60). You need to prove that the cause of failure is inherent with the TV and not caused through your own fault or unreasonable wear and tear. If you've looked after the set, this should not be a problem.

If the report is favourable, then the retailer (not the manufacturer) is legally obliged to either execute a repair, offer you a replacement if this is not possible, or offer you vouchers or cash based on the original purchase price less a pro-rata reduction based on the use already had. You should also get back the costs of the report. The key thing here is the decision as to which of these remedies they offer is up to them, not you.

However (and this may be ultimately their get out of jail free card) you have already had the TV repaired by a third party. It's a tricky one and I'm not sure in your particular circumstance if SOGA will still apply to the retailer if the first repair was not carried out under their authorisation. If the repair was indeed carried out under the retailers authorisation or under guarantee, then I would logically assume the retailer should still be liable.

You could of course, try a fast-pull and not tell them of the previous repair, but risk being found out. It could all go through smoothly or horribly wrong and you could end up with them washing their hands of it. Your choice.

I guess it all hinges on that original repair. Ultimately, you may have to go through a small claims court but I really don't know what the outcome would be in your case and certainly would not rely on my say so.

Best advice for the future is ALWAYS take up any fault with the retailer even if the set is still under guarantee. They are obliged to sort out the problem for you at no cost to yourself and within a reasonable time frame - even if that means they themselves claim the repair under warranty. That way any future problems outside guarantee are still the retailers problem.

Best of luck. Let us all know how you get on.

Strats.