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Broken DLP - The Sale of Goods Act

Discussion in 'Televisions' started by LoogieXX, May 25, 2005.

  1. LoogieXX

    LoogieXX
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    Hello there

    I seek the great wisdom of the avforums people.

    Reading this
    http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0043-1011.txt

    I found a couple of usefull bits

    Proving the fault-
    If you are claiming the remedies of repair or replacement within the first six months after purchase, it is for THE TRADER to prove that the goods conformed to the contract at the time of sale.

    This is usefull, my telly is 4 months old.


    Repair or replacement-
    However, the repair or replacement must be carried out within a reasonable time and without causing significant inconvenience to the consumer. If this does not happen or the repair or replacement is not possible, then the consumer can rescind the contract (claim a refund) or request a reduction in purchase price.


    So the question here is how long is "within a reasonable time" ?.. 2 weeks ?, 4 weeks, 6 weeks, 12 years ?... Is it inconvinient to have missed anything that goes on the telly for this period of time ?
    Like right now I'm watching AC Milan - Liverpool on a web page and clicking refresh every to minutes... is that inconvinient ?


    Any thoughts appriciated on this

    Many thanks
     
  2. LV426

    LV426
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    It's classically vague UK Law. "Reasonable" can only be determined by precedent in the courts. It's what the judge or "a reasonable person" deems "reasonable" in the context of the type and age of equipment. Until there is precedent, it could be 12 years........ Once a case has gone to court and a court has decided, then you have a more empirical measure.
     
  3. horribleman

    horribleman
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    I think you can claim damages equivalent to the cost of repair or replacement up to six years from the date of purchase.
     
  4. soni

    soni
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    Loggiexx: I read elsewhere that you have contacted Sagem with regard to your fault. I also had a problem with a DLP set - but i had the Toshiba 46WM48P. I had a problem with the blurring and oil painting - you've probably allready read elsewhere within these forums about this problem, so i won't go into detail. I read of other owners with the same faults as i was experiencing, however they were trapped by the store referring them to the manufacturer, and then the manufacturer claiming that its a design feature.

    So, i was allready two steps ahead prior to visiting Comet, and i ran off a copy of the Sales Of Goods Act, highlighted all the relevant areas, rehearsed my speach etc, walked into Comet, asked to speak directly with the store manager, delivered my speech along with a copy of the Sales Of Goods act with all the relevant areas highlighted. You'll notice that within the Sales Of Goods Act, it clearly states in black and white that at the time of a sale, a contract is entered into between the retailer and the cosumer, and not the manufacturer and the consumer, and it also states that the goods must be fit for purpose. So, needless to say once i delivered my rehearsed speech, and handed over the Sale Of Goods Act with the relevant areas highlighted to the manager, he immediately offered me an exchange for another Tosh or another Brand, or a cash refund.

    Anyway, what i'm trying to get at is you shouldn't be waiting for Sagem to sought this out. I had a problem that Toshiba were claiming is a design feature - and the TV still worked at the end of the day and in most cases the picture was fantastic. However, you've obviously got a major problem with your set, and you shouldn't be waiting around for the manufacturer to sought it out - you deserve a replacement product or your money back immediately! Go down to the Store, speak directly with the manager, and hand over the 'Act' with all the relevant areas highlighted. I was prepared for a battle on my hands, and i had all scenarios covered, however with my opening speech, along with the Sales Of Goods Act, it ended up being a piece of cake. I must say that Comet were very professional and didn't try and duck out of refunding me the money - and based on this experience, i would definately purchase from that company again. Go for it!
     
  5. The-Stranger

    The-Stranger
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    yep 4 months old trading standards told me same - you would be entitled to money back

    after 6 months different kettle of fish you have to prove fault - this means you have to provide a report if asked and this report has to be done by someone that BOTH parties agree to in writing.

    SONI - have you got a copy of the act with the highlighted bits - you could scan it and place it in these forums for others to use. Would be useful to those who are not as fluent when taking your stance on the soapbox - so to speak




    you have time on your side - ACT now!!! - Get back to the store
     
  6. soni

    soni
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    Thasts a good idea Stranger, i'll scan it whilst at work tommorrow and post it up - anybody got any suggestions where to put it - new thread? Any objections Mods?
     
  7. Stuart Wright

    Stuart Wright
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    A sticky at the top of general chat is the most appropriate place to have this.
    Please make sure that you are not infringing any copyright when posting the material on the forums.
     
  8. soni

    soni
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  9. Nick_UK

    Nick_UK
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    Here's what you do.....

    Go to your local County Court and pick up a Small Claims Form.

    Fill in the form, but do not send it off. Instead, take a copy of it and send it to the retailer, along with a letter, saying that if the TV is not repaired or replaced to your satisfaction within 14 days, you will initiate the claims procedure.

    You will be amazed just how well this works. The sight of the legal documents is usually enough to spur some action.
     
  10. Tarbat

    Tarbat
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    It's even easier to do it all online, using the online small claims court at http://www.moneyclaim.gov.uk
    A lot easier than using your local court, and everything is done online. I've used it successfully for a DVD player that was faulty from Techtronics.
     
  11. The-Stranger

    The-Stranger
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    hmm good link that - bookmarked for future posterity

    I didn't know you could do it online
     
  12. kurt_ego

    kurt_ego
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    Unfortunately the retailer have the right to choose a replacement or repair depending on which is more financially viable for them. So 9 times out of 10 they would win in most cases. Sorry to play devils advacote!
    Kurt
     

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