Q.I bought a 37" LCD TV,17 months ago from a well known electrical retailer. The TV now keeps turning itself off. The shop guarantee ran out 5 months ago,do I have any rights?.
(Mr Tony Graham, 22 September 2008)
A.
The Sales of Goods Act 1979 was passed with the intention of safeguarding consumers. It states that goods have to be safe, as described, and satisfactorily do the job for which they’re intended. Once you’ve bought the item you have an undefined but “reasonable” amount of time to return the item if it doesn’t meet those standards, and you can demand a replacement, refund or repair from the retailer – not that it’s the retailer, not the manufacturer.
That “reasonable” amount of time varies, but if it’s over six months, then the retailer can refuse to refund, replace or repair the item unless you can prove there was a fault when you bought the item, and the failure isn’t due to excessive or misuse on your part.
The problem, of course, is that you’re well beyond that six month time frame, and from what you say there was no fault with the TV until recently. So unfortunately you can’t use the Sale of Goods Act. Nor, it seems, can you use the shop guarantee, since that expired after a year. From your question, you probably declined the chance to purchase the extended warranty retailers usually offer with appliances of all sorts, which is a shame. You might not need them, but on expensive items they can prove to be good insurance.
However, there might well be a manufacturer’s warranty that applies to the television, and you’d be well advised to investigate this. There’s a possibility that you might be covered, at least on certain things, for up to two or even three years.
If that’s not the case, then unfortunately you’re out of luck and you’ll have to pay for the repair for yourself.
But rather than simply taking it into a repair shop, you might want to get two or three estimates first and see if the repair shop offers any guarantee on their work, as well as an estimate as to how long the repair will take. That way your TV is unlikely to vanish for a month or more!
Sorry not to be more positive, but that’s the way things work out sometimes.
Bought a dishwasher from club book,had it for 13 months and the motor stopped working phoned the manufacturer who told me to phone the retailer. They are offering to pay repair which is £150.00only if I pay for the repair first then send them the invoice for the repair is this right that I have to be out of pocket to get this sorted?
blackwatch - 13 January 2012 @ 2:58 PM
surely something should last a reasonable amount of time especialy something costing more than £200 so would it not be the case that the TV was not fit for purpose ?
Norfolkguy - 17 July 2011 @ 11:44 AM
If Mr Graham had bought his TV anywhere else in Europe, other than the UK, his rights to return the faulty goods would be enshrined explicitly in EU law.
Unfortunately,the amendment to UK's Sale Of Goods Act (1979) does not go far enough to make it explicit, it just implies the goods last a "reasonable" amount of time.
It is worth noting, the EU law seeks to encourage manufacturers to make goods that last and so avoid the current wasteful disposal of 2 year old washing machines and the like, while the UK seems to be clinging to the economic model of "growth by replacement", which is reflected in the huge piles of consumer goods that died years before they should have.
If Mr Graham is determined, he will get satisfaction, whether this be at the small claims court or ultimately in a higher court that will recognise he is a EU citizen and therefore entitled to the same protection as all others, regardless of the fact he lives in the UK.
I too have recently started correspondence with the supplier of my LCD screen, which stopped working, just under 2 years after purchase. The outcome is assured, the path it takes and the number of courts we have to go through, well we just have to see.
Don't forget, you are an EU citizen and regardless of how the UK tries to water down EU policy, EU courts overrule UK courts every time.
I would suggest the moniker "Rip Off Britain", be reworked to "Amateur Shoppers" as it is our own fault for allowing ourselves to be ripped off.
