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repair or replace, whats the law?

Discussion in 'LCD & LED LCD TVs Forum' started by thelurch, Oct 25, 2005.

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  1. thelurch

    thelurch
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    You may have seen my ongoing saga thread with the humming/buzzing on my 40" samsung.

    What are my rights regarding getting a replacement TV.

    I have only had the TV 3 weeks, but my problem is that one engineer said it was normal although samsung today stated that that sounded odd and the TV should be whisper quiet. And all the display models in shops ive seen are silent.

    Samsung have requested another engineer visit from DK Audio ( same as before) but I feel they will say the same thing.

    The online retailer is being OK to be fair but they say they need to be in possesion of the 2nd engineers report before they can do anything but what if this engineer says the TV is normal like the last guy?

    Without taking my TV into Currys and setting it up next to theirs and getting someone from samsung and DK Audio to meet me there ,what can I do to prove there is a problem.

    If this engineer does say theres a problem and offers a repair am I legally bound to accept that or can I just refuse and request a replacement? as I now do not have much faith in DK Audios "engineers"
     
  2. ase001

    ase001
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    Have a look here,

    http://www.dti.gov.uk/
    http://www.tradingstandards.gov.uk/
    http://www.oft.gov.uk/default.htm


    You may have to search around these sites but all is here i.e. sale of goods act, distance selling etc!

    Also avoid high cost 0870 numbers look at
    http://www.saynoto0870.co.uk

    Also have a look at the Plasma Thread about Tiny Plasma screens if it is still there and read the posts by the Lawyer123 I think (A very good read indeed)?

    Good luck, hold your ground the law is more on the side of the consumer than the supplier!
     
  3. Member 55145

    Member 55145
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    you have reported the goods as faulty within 28 days, so as long as they find a fault you are entitled to a refund. if the second engineer doesnt find anything wrong then either A: he's lieing, B: he's thick or C: theres nothing unusual
     
  4. cyman

    cyman
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    i am a service engineer. not electronics but same basic rules apply.

    if you have an engineer from the same place coming to do a second visit i would be very surprised if he disagreed with his work colleagues report (first thing we do if sent for a second visit is read the previous report)

    have you seen the same set on display at the place you bought the tv or in another store without the buzzing? if you have let the engineer know that you have checked it with several different stores and that they dont buzz.

    just remember no matter what a store,engineer or manu say your consumer rights dont change cos they say no fault. remember its not in their interest to admit liability for a small fault if they can get away with paying nothing and seeing if you just go away (believe me you would be surprised at some of the things turned down)

    whatever they say doing! get advice first....no your rights

    hope this helps a bit
     
  5. cyman

    cyman
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    one more thing your basic choices are refund,repair,replacement. its your choice not theres....back it up with the sales of goods act etc........
     
  6. thelurch

    thelurch
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    thanks for that cyman, I told the first engineer that I had seen my exact model on display in 3 different shops ( + the smaller sizes ) and all were deathly silent. His response was " well you wont hear it in the store, its weird really", thats whats made me doubt his judgement.

    Plus Samsung themselves have said the TV should be "Whisper Quiet" and definately not buzz ( unless you take it apart and put your head inside!)

    If the engineer was fobbing me off to get away with not having to do the work I dont understand because they are not actually Samsung engineers but an authorised repairer so surely they would be happy to get the work , surely they would get paid by samsung for the repair?

    If it wasnt for the fact that Ive seen about 12 TVs from this range now which were all silent I would have probably given up and just put up with it but that spurs me on even more!

    On the subject of rights for replacement, Ive been on Trading Standards website and as far as I can see, up to 6 months after purchase its the manufacturer who has to prove the item is not faulty, so if they have two engineers reports both saying no fault then surely they have proved that, even though I know there is a problem.


    This is driving me crazy
     
  7. ase001

    ase001
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  8. smallmanongn

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    Within 28 days you are entitled to a replacement or a refund,simple as that.
    The problem arises with convincing someone it is faulty,its too easy for engineers to fob people off.
     
  9. thelurch

    thelurch
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    Thanks for that, it all helps !
     
  10. blakey1

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    Check out Retra.co.uk. As far as I can see you have the right to reject an item if faulty for a full refund. It would seem though that you have days rather than weeks to advise the retailer of the fault. I would suggest that you may need to get an independent report if the 2nd engineer confirms what the first engineer says. If the independent engineer confirms the fault then you should be able to claim a full refund plus the cost of the engineers call out as long as you reported the original fault within the first week or so.
     
  11. Caimbeul

    Caimbeul
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    Worst case you could always call your bank and get them to withdraw payment for the purchase and refund your card stating you have not received the goods you paid for. ie: A working, fault free television. It may be a bit messy but it also may be the only way they will listen. Obviously I hope it doesn't come to that and suggest you pursue the other avenues highlighted to you first though.

    PS: Also let Samsung know you chronicling your experience on the UK's largest and most influencial AV forum and that many potential customer will be reading this and may not decide to buy samsung products if they are not going to receive any support.
     
  12. Jim Barry

    Jim Barry
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    That name rings a bell. I think it was them that were sent round by the retailer to look at the misconvergence on my new and very expensive CRT a few years back. All they would say was that it was "within tolerance". Gits. :mad: Eventually I contacted a Sony service centre, and they came and stuck some magnets on the back of the tube which helped a bit, but didn't completely fix it.
     
  13. pjskel

    pjskel
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    Just out of curiosity, do you have the set in a corner or against a wall?
    If so for either, remember that the noise it makes by default will be accentuated - 3dB by the wall it's on or in front of. 6dB if in a corner location.
    3dB is considered twice as loud, 6dB, 4 times louder. Hence while in an open display in the store, and with other noise, the other sets will appear silent.
    Before the engineer comes, ask the reseller if it's possible they could bring another set - even the shop display one. If the same noise is heard from it in situ, then you'll accept that's the score. If not, then you'll be vindicated that it wasn't your imagination running riot.
    If they value(d) your custom, they should be willing to work with you as opposed to against you.
    Be polite at all times, and not confrontational, but above all, be firm that you have expectations which currently aren't being met, until/unless proven they're unrealistic ones.
     
  14. thelurch

    thelurch
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    I bought the TV online from a mail only retailer so getting another TV to sit along side is pretty impracticle really.

    I appreciate what you say about differing noise levels depending on where its positioned, I currently have it on its stand on a unit and the distance from the back of the TV to the wall is about 250mm.

    You say that if a display model in store is in the open which the majority are, ( they are set in aisles in the majority of big comets and currys) then the sets could be quiet, I suppose because the sound does not bounce off a back wall.

    But the 12 sets Ive listened to, I have pressed my ear to the top grill on everyone one and could not hear any buzzing, If there was a buzz I would 100% hear it, but I have not heard anything. This model set only has vents on the top so the sound only comes from there. I listened to other makes and particularly some plasmas and I could definately hear slight noise from them.

    Im not unrealistic in my expectations that a TV should be completely silent, but what I dont want is a TV that buzzes so it can be heard over normal TV volumes, and about 8 out of the 10 friends and family that have seen the TV have commented on the buzz.
     
  15. hermeneut

    hermeneut
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    Well, you'll love this one: I bought a Tosh 32WL56 from Unbeatable just before they went tits up. TV delivered, picture excellent, VGA-component working fine, but then the buzz...

    I phoned Tosh who sent their Northern Ireland service agents - Craigavon Television Services - to check the problem. I take the morning off work but these gimps don't arrive until the afternoon. Two guys come in, 'isolate' (i.e., hear) the problem and tell me I have two options: either I can try to get Tosh (given that Unbeatable were gone) to replace the television, or 'you can arrange for the television to be repaired. Bye!' And they were off! So I call Toshiba, not a little surprised by the two-minute visit of the engineers. Tosh tell me it ain't their problem as, 'under the law', the contract was between me and unbeatable and tosh and unbeatable - so if there is no intermediate party, then there's no relationship between tosh and me (other than through the warranty - isn't that interesting?). So I call the engineers, they come collect the tv, and the next morning they phone to say they won't do the repairs until I pay the call-out fee. Say what??!! Apparently, I had refused to allow the engineers to take the tv on their first visit. Eh????

    Well, I had to pay the c**** and the tv came back with a patronising little note saying that no problem had been noticed in the workshop, but that they'd fitted spacers 'as requested by the customer'. And while it isn't as bad as before, the tv is still buzzing...
     
  16. thelurch

    thelurch
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    Nice!, these engineers really have you by the short and curlies most of the time, If they its normal its normal unless you yourself know what you are talking about.

    When DK Audio phoned me to arrange the dat for the engineer to visit I was told that if it needed a repair then the engineer would take it away blah blah but he actually turned up in a fiesta!.. not much room to take a 40" TV in its box, he never had any intention of agreeing there was a fault.

    He didnt even look inside, just said "oh yeah most of our callouts are to this sort of fing". Told me it was the power supply invertor board?! and there was no repair possible but then said he had bought one with him just incase but I wouldnt want that because it would make the noise louder!!!!

    Im currently waiting for DK Audio to pohone to arrange a 2nd engineers visit..this saga will have more episodes than Star Trek!
     

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