Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

TV becomes faulty after two years, any recourse?

Options
  • 23-01-2012 9:53pm
    #1
    shuyin1
    Registered Users Posts: 369 ✭✭


    Bought a tv jan 2010 from a electronic shop in dublin and this month the TV has developed black lines down the screen. The tv was brought back to the shop and was sent to an engineer for inspection. Basically the fault requires the whole screen to be replaced and the shop is refusing to repair,replace or refund and keep quoting 1 yr warranty has expired. I've explained that under SOGA the product must be durable, in this case its clear that 2 yrs is not reasonable but im being fobbed off, is there anything i can do? Do i have a valid claim or am i liable for the repairs? I don't have much practical experience but do have some contract/consumer law knowledge and would welcome any suggestions.


«1

Comments

  • Options
    #2
    viclemronny
    Users Awaiting Email Confirmation Posts: 252 ✭✭viclemronny


    If verbal negotiations in the shop are proving fruitless it's time move on. The next thing is to write to the store manager and the head office. Type the letter, and explain your grievance and preferred remedy/remedies.

    Send these letters by registered post.

    This shows the business that you are starting a paper trail and keeping records. In the letters, give them a reasonable time to sort things, say ten business days or two weeks.

    If this fails, then you can contact the small claims court. they will guide you through the process but the company may back down when they see that you are serious about this.

    I should tell you that this is potentially a long process, up to six weeks(2 week wait plus 4 weeks waiting for resolution of small claims court).


  • Options
    #3
    shuyin1
    Registered Users Posts: 369 ✭✭shuyin1


    Thanks, i'll try this approach and see what happens.


  • Options
    #4
    dharn
    Registered Users Posts: 2,574 ✭✭✭dharn


    what make was the tv


  • Options
    #5
    shuyin1
    Registered Users Posts: 369 ✭✭shuyin1


    dharn wrote: »
    what make was the tv

    Curious as to why the make interests you. Its a well established brand, been onto them but all i got so far is "its out of warranty".


  • Options
    #6
    viclemronny
    Users Awaiting Email Confirmation Posts: 252 ✭✭viclemronny


    Just to say that the brand of television is less than unimportant, it is completely irrelevant as you must deal with the shop where you bought it.

    The contract is between you and the shop and the manufacturers are within their rights to refuse to deal with you at any time.

    Best of luck with it man. Just being thorough, polite and persistant, along with keeping records of all communication will more than likely see your television replaced/repaired/refunded.


  • Advertisement
  • Options
    #7
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    shuyin1 wrote: »
    Curious as to why the make interests you. Its a well established brand, been onto them but all i got so far is "its out of warranty".
    The shop are obviously trying to make the claim that there is no rights attaching to the sale of the television apart from the manufacturers warranty but the sale of goods act provides much greater protection to consumers for up to 6 years!


  • Options
    #8
    _AVALANCHE_
    Closed Accounts Posts: 1,620 ✭✭✭_AVALANCHE_


    foggy_lad wrote: »
    The shop are obviously trying to make the claim that there is no rights attaching to the sale of the television apart from the manufacturers warranty but the sale of goods act provides much greater protection to consumers for up to 6 years!
    Considering a CRT TV could last 25 years, even 6 years is abit of a Joke.


  • Options
    #9
    UrbanSea
    Closed Accounts Posts: 18,335 ✭✭✭✭UrbanSea


    _AVALANCHE_ wrote: »
    Considering a CRT TV could last 25 years, even 6 years is abit of a Joke.

    Two different things you're comparing, no tv will last anywhere near that now.

    How much was the tv OP?


  • Options
    #10
    _AVALANCHE_
    Closed Accounts Posts: 1,620 ✭✭✭_AVALANCHE_


    UrbanSea wrote: »
    Two different things you're comparing, no tv will last anywhere near that now.

    How much was the tv OP?
    Why not?


  • Options
    #11
    dixiefly
    Registered Users Posts: 2,949 ✭✭✭dixiefly


    shuyin1 wrote: »
    Curious as to why the make interests you. Its a well established brand, been onto them but all i got so far is "its out of warranty".

    I would also be interested in knowing the make of the TV for future reference.


  • Advertisement
  • Options
    #12
    UrbanSea
    Closed Accounts Posts: 18,335 ✭✭✭✭UrbanSea


    _AVALANCHE_ wrote: »
    Why not?

    Not sure really. One reason is the manufacturers themselves don't want them to last as long. With enhanced performance of the newer ones they've sacrificed reliability, if you got ten years with new tv's you'd be doing very well.


  • Options
    #13
    _AVALANCHE_
    Closed Accounts Posts: 1,620 ✭✭✭_AVALANCHE_


    dixiefly wrote: »
    I would also be interested in knowing the make of the TV for future reference.
    The whole screen needs replacing....I'll bet it's a sammy, their screens are connected to the mainboard so if their's a fault in their, the whole screen needs replacing aswell.
    UrbanSea wrote: »
    Not sure really. One reason is the manufacturers themselves don't want them to last as long. With enhanced performance of the newer ones they've sacrificed reliability, if you got ten years with new tv's you'd be doing very well.
    That's it exactly, considering the plundering of resources that goes on to make Electronics, Manufacturers should be forced to stop pumping out ****e that's made to break in a few years.

    http://en.wikipedia.org/wiki/Rare_earth_element is getting harder to get now, I wonder what sort of affect this will have.

    It's needed in the manufacture of most electronics.


  • Options
    #14
    Rowley Birkin QC
    Registered Users Posts: 6,243 ✭✭✭Rowley Birkin QC


    viclemronny wrote: »
    Just to say that the brand of television is less than unimportant, it is completely irrelevant as you must deal with the shop where you bought it.

    The contract is between you and the shop and the manufacturers are within their rights to refuse to deal with you at any time.

    Best of luck with it man. Just being thorough, polite and persistant, along with keeping records of all communication will more than likely see your television replaced/repaired/refunded.

    So if the shop tells you to contact a manufacturer helpline you are perfectly within your rights to hand them the defective unit and tell them to deal with it?


  • Options
    #15
    dharn
    Registered Users Posts: 2,574 ✭✭✭dharn


    shuyin1 wrote: »
    Curious as to why the make interests you. Its a well established brand, been onto them but all i got so far is "its out of warranty".

    the reason i ask is that some companies are more flexible on warranty than others, panasonic have a good name whereas samsung used to have a bad reputation but seem to be improving ,if it was a cheap piece of junk made in china you would have less hope of success


  • Options
    #16
    UrbanSea
    Closed Accounts Posts: 18,335 ✭✭✭✭UrbanSea


    You'll find they're nearly all made in China. Even Philips are, you'll see ''Designed in Holland-Assembled in China'' or something similar


  • Options
    #17
    shuyin1
    Registered Users Posts: 369 ✭✭shuyin1


    Its a korean brand, was roughly €900. Assuming the reasonable life of tv's is 5 yrs, the most they'd be willing to refund is €540? Kinda harsh @20% depreciation. Manufacturer is having none of it im afraid, very strict on their 1 yr warranty. At the end of the day the contract lies with the shop, they should liaise with the manufacturer not the customer. Would of been a nice goodwill gesture on their behalf but no dice. Back to registered letter and hopefully a remedy without going to SCC.


  • Options
    #18
    maxer68
    Closed Accounts Posts: 1,076 ✭✭✭maxer68


    shuyin1 wrote: »
    Its a korean brand, was roughly €900. Assuming the reasonable life of tv's is 5 yrs, the most they'd be willing to refund is €540? Kinda harsh @20% depreciation. Manufacturer is having none of it im afraid, very strict on their 1 yr warranty. At the end of the day the contract lies with the shop, they should liaise with the manufacturer not the customer. Would of been a nice goodwill gesture on their behalf but no dice. Back to registered letter and hopefully a remedy without going to SCC.

    Its quite simple.

    Was the fault caused by anything untoward that you did - if not, then the fault is caused by poor manufacture and must be repaired free of charge.

    On the offer of €540 - quite reasonable and fair play to the retailer as for that money you will get a TV that was well over €900 2 years ago, and as such the store is being reasonable. - The scc will see this reasonable too imo.

    I'd take the €540 and you'll probably get a far better TV + new warranty.

    I'd almost stay with same store, but avoid the same brand.


  • Options
    #19
    Tazz T
    Registered Users Posts: 3,203 ✭✭✭Tazz T


    I've just been through this with a 40inch Samsung several years out of warranty. The shop hasn't a leg to stand on. It's up to them to deal with the supplier. Shop wouldn't deal with me initially claiming it was out of warranty so I did the SOGA letters (there's templates online somwhere). In the end up mine was replaced after the 7 day letter threatening small court action. But to be honest if I'd been offered €540 I'd take that. You'll get a TV at least as good as the one you had before with that money these days. After all, is your old TV worth €900 now.


  • Options
    #20
    shuyin1
    Registered Users Posts: 369 ✭✭shuyin1


    maxer68 wrote: »
    Its quite simple.

    Was the fault caused by anything untoward that you did - if not, then the fault is caused by poor manufacture and must be repaired free of charge.

    On the offer of €540 - quite reasonable and fair play to the retailer as for that money you will get a TV that was well over €900 2 years ago, and as such the store is being reasonable. - The scc will see this reasonable too imo.

    I'd take the €540 and you'll probably get a far better TV + new warranty.

    I'd almost stay with same store, but avoid the same brand.

    It wasn't an offer, just curious if that's what to expect under a refund remedy. As stated so far, the shop hasn't budged on their 1 yr warranty speech and will require a written letter to escalate things.
    Tazz T wrote: »
    I've just been through this with a 40inch Samsung several years out of warranty. The shop hasn't a leg to stand on. It's up to them to deal with the supplier. Shop wouldn't deal with me initially claiming it was out of warranty so I did the SOGA letters (there's templates online somwhere). In the end up mine was replaced after the 7 day letter threatening small court action. But to be honest if I'd been offered €540 I'd take that. You'll get a TV at least as good as the one you had before with that money these days. After all, is your old TV worth €900 now.

    Would you happen to have any of your old letters? Would be great as a guildline. A little confused about the 7th day /letter thing though.


  • Options
    #21
    cast_iron
    Registered Users Posts: 2,454 ✭✭✭cast_iron


    shuyin1 wrote: »
    It wasn't an offer, just curious if that's what to expect under a refund remedy. As stated so far, the shop hasn't budged on their 1 yr warranty speech and will require a written letter to escalate things.
    For every one of you - who knows their rights, there will be 10 there who don't. Therefore the shop will always have this mantra.
    Would you happen to have any of your old letters? Would be great as a guildline. A little confused about the 7th day /letter thing though.
    He obviously gave them 7 days to respond with a suitable resolution before the SSC route would be taken.

    This is the relevant part of consumer Law (from SALE OF GOODS AND SUPPLY OF SERVICES ACT, 1980) that still applies:

    "(3) Goods are of merchantable quality if they are as fit for the purpose or purposes for which goods of that kind are commonly bought and as durable as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other relevant circumstances, and any reference in this Act to unmerchantable goods shall be construed accordingly."


  • Advertisement
  • Options
    #22
    maxer68
    Closed Accounts Posts: 1,076 ✭✭✭maxer68


    shuyin1 wrote: »
    It wasn't an offer, just curious if that's what to expect under a refund remedy. As stated so far, the shop hasn't budged on their 1 yr warranty speech and will require a written letter to escalate things.

    sorry - it reads as if you have that offer from the store.

    a few years a go I had an Isuzu trooper - it delevoped a known turbo fault after 5 years (and over 100k miles). Isuzu took it in, replaced the engine and handed it back. No arguments. Pity other companies can't just accept that sometimes thinsg go wrong and need to be fixed.


    If the store does offer €540 credit, then I'd say it is reasonable.


  • Options
    #23
    dharn
    Registered Users Posts: 2,574 ✭✭✭dharn


    funny that i mentioned samsung (korean ) i was going to buy a samsung but was advised by my local friendly dealer that their after sales service is very poor, so i bought a panasonic with a 5 year warranty included, same dealer got a phillips tv repaired for me, it was 6 months outside warranty, if you dealer wont help you then you are in trouble


  • Options
    #24
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    dixiefly wrote: »
    I would also be interested in knowing the make of the TV for future reference.

    This has absolutelly no bearing on the matter.

    Also, one TV going faulty does not mean all that brand are poor quality. :rolleyes:


  • Options
    #25
    UrbanSea
    Closed Accounts Posts: 18,335 ✭✭✭✭UrbanSea


    What's with the high horse about naming the tv brand?

    Is there an injunction or something?

    No Srameen but it can highlight poor after sales quality you can expect.

    And if it is Samsung,believe me you can expect that.


  • Options
    #26
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    UrbanSea wrote: »
    What's with the high horse about naming the tv brand?

    Is there an injunction or something?

    No Srameen but it can highlight poor after sales quality you can expect.

    And if it is Samsung,believe me you can expect that.

    Outside the manufacturers guarantee the service, or lack of same, is with the retailer irrespective of the brand! The brand is just not relevant in this case.


  • Options
    #27
    UrbanSea
    Closed Accounts Posts: 18,335 ✭✭✭✭UrbanSea


    And if manufacturers will not help out the retailer with the set the retailer isn't going to put themselves out by offering something that would be more than the profit on the tv.


  • Options
    #28
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    _AVALANCHE_ wrote: »
    Considering a CRT TV could last 25 years, even 6 years is abit of a Joke.

    I grew up with an Hitachi tv that lasted 32 years.


  • Options
    #29
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    UrbanSea wrote: »
    What's with the high horse about naming the tv brand?

    Is there an injunction or something?

    No Srameen but it can highlight poor after sales quality you can expect.

    And if it is Samsung,believe me you can expect that.

    Samsung are one of the manufacturers of screens for Sony. Sony don't produce their own screens anymore.


  • Options
    #30
    Badgermonkey
    Closed Accounts Posts: 3,019 ✭✭✭Badgermonkey


    shuyin1 wrote: »
    Curious as to why the make interests you. Its a well established brand

    Why the reticence to name it OP?
    Natasha Incalculable Vanity wrote: »
    The brand is just not relevant in this case.

    Thing about Boards is, sometimes folks are in a position to provide advice based on expert knowledge or simply recount how their own problems were resolved.

    Naming the brand is not a necessity - it merely gives a fuller picture, which might go some way toward providing the OP with a speedier, easier or alternative means of resolution.


  • Advertisement
  • Options
    #31
    shuyin1
    Registered Users Posts: 369 ✭✭shuyin1


    Badgermonkey wrote: »
    Why the reticence to name it OP?



    Thing about Boards is, sometimes folks are in a position to provide advice based on expert knowledge or simply recount how their own problems were resolved.

    Naming the brand is not a necessity - it merely gives a fuller picture, which might go some way toward providing the OP with a speedier, easier or alternative means of resolution.

    Sorry, just didn't think the brand or shop name was relevant to the question. I'll be sure to provide them when this is resolved.


Advertisement