Sophie E (24/01/2020, 10:58:37): Thank you for confirming this information, we would not schedule our engineers to attend to you and inspect your television. This is due to the issue you are experiencing, not being covered under our parts and labour guarantee. The engineers who John Lewis use to complete our repairs under guarantee are the manufacturer approved engineers and I do not believe that they would attend to conduct an inspection. You would need to seek an authorised VAT registered engineer independently should you wish to make a claim under the Consumer Rights Act 2015.
(24/01/2020, 11:02:32): In your earlier responses you stated: "To be eligible for a claim under your statutory rights, we would require evidence by means of of a licensed report from a certified engineer which states that a fault has been identified, the nature of the fault, the possible cause of said fault and recommendations of what is required to rectify." I am trying to find out from the details of an engineer who would be acceptable to John Lewis. You initially suggested that LG would assist but they have declined to do so.
Sophie E (24/01/2020, 11:06:29): Yes, I understand what you are requesting; however, we use the manufacturers engineers to complete repairs. If the manufacturer has advised that they will not complete an inspection and would only look to conduct a repair, I do not believe they would complete an inspection. As we only use the manufacturers engineers, we would not be able to refer you to an authorised VAT registered engineer and you would need to seek an engineer independently.
(24/01/2020, 11:07:32): okay - I will seek to do this however it is likely to be more costly
Sophie E (24/01/2020, 11:08:24): This cost would be liable to yourself; however, should your claim be successful under the Act we can look to make a contribution.
(24/01/2020, 11:12:02): Are you able to summarise why John Lewis is refusing to honour my rights under the Consumer Rights Act 2015 currently. I have already provided evidence that a fault exists.
Sophie E (24/01/2020, 11:17:53): Whilst we are aware that the fault exists, the issue with your television is screen burn and this is not something that would be covered under guarantee.
The Act states that a customer has a right to request an exchange, repair, replacement or refund (partial or otherwise) if the goods did not confirm to the contract of dale at the time of delivery. The circumstances in which your device would not to confirm to contract of sale are as follows:
- The goods are not fit for purpose, meaning they did not perform the tasks you has expected from
delivery
- The goods are not of satisfactory quality, meaning they were either damaged or faulty at the time
of delivery
- The goods are not as described, meaning we mis-sold or incorrectly advertised the product in
question.
Within the first six months of ownership the onus is on the retailer (John Lewis) to provide evidence that the product did conform to contract at the time of delivery if a customer wishes to claim under the Consumer Rights Act; after the first six months, the onus is upon the customer to prove the goods were inherently faulty. As the product has been in your possession for three years, in order to investigate a claim made we as the retailer require a report from the manufacturer accredited engineer stating that the goods did not conform to the contract of sale at the point of delivery and that the issue is not an issue that has develop through neglect.
Sophie E (24/01/2020, 11:18:43): Thank you for your patience, whilst I wrote this out. I wanted to ensure that it addressed your query and provided our full stance on this matter. I hope this assist you in understanding our stance on this matter.
(24/01/2020, 11:23:24): Thank you for your reply. All I have done is watched the TV - it has worn out in 3 years and clearly wasn't fit for purpose given the price paid.
Sophie E (24/01/2020, 11:29:05): I can appreciate this, screen burn can happen on any television, regardless of branch or screen technology. It is an issue that occurs when a still or fixed image is displayed on the screen for a long period of time. When this occurs, the pixels become damaged and they retain the colour that they have previously been displaying. I guarantee does advise, within the terms and conditions
"Image ghosting or screen burn. These can appear on a screen that's left operating for a prolonged period with either a still image or a channel constantly displaying a logo."
You have advised that this television is not fit for purpose. The term 'fit for purpose' relates specifically to a product at the point of sale. As you have had 3 years of use from the product without raising an issue, I would take this to presume that the item was indeed fit for its intended purpose from the point of sale and delivery.
Of course, should you obtain a report which advises this is a mechanical failure or inherent fault we would be happy to address this matter further.