Samsung Tv - Of Merchantable Quality

Paddytheman

Am I right in assuming my course of action below,

I bought a Samsung Plasma 11/11 and after 9 months blue/pink flash spots started appearing when the background screen was white. I contacted them and having attempted software updates they had their repair people collect it and had to replace the screen, this was 11/12. As of October this year the same problem has manifested once again, Samsung are obviously stating the product is out of warranty and now I guess its time to approach the vendor itself.

When contacting the vendor am I right in stating that both the repairs should have been permanent and also the tv is not of merchantable quality if I have suffered these issues(basically the same one twice) within 2 years of purchasing the product.

I was going to avoid phone calls and e-mail them directly so I have a paper-trail should I need it as the initial purchase date was 06/11/11.

Any advice gratefully accepted.

dudara

You should have gone to the vendor first, as that is where your contract of sale lies. I'm not sure how this will work out given that you have bypassed the vendor and attempted two repairs (albeit with Samsung).

First thing is to contact the vendor (don't use email as this gets "lost" or ignored all too easily). Ring them, or go to them and state the simple facts. Tell them that the TV is not fit for purpose. They can offer a repair, replacement or refund. If they offer repair, then you really have no grounds to refuse, as this is their first effort at repair.

I'd start with that much. We can offer more advice depending on how things turn out. Bear in mind that the TV is approx 2 years old, and you haven't contacted the vendor before now, despite the earlier issues.

donegal.

the vendor may well think its out of guaranty and do nothing.

if it was me i'd go back to Samsung as the repair should have its own 12 month guarantee and seeing as its the same fault it should be covered.
The new screen's guarantee only started when it was replaced, so you have 12 months from the repair date.

athtrasna

Samsung replaced a 4 year old TV for me, it also only had a 1 year guarantee. I dealt with them direct all along and found that it really was a matter of the person you spoke to. In the end of was a Scottish guy that sorted it for me.

slimjimmc

donegal. wrote: »

the vendor may well think its out of guaranty and do nothing.

if it was me i'd go back to Samsung as the repair should have its own 12 month guarantee and seeing as its the same fault it should be covered.
The new screen's guarantee only started when it was replaced, so you have 12 months from the repair date.

I'd be surprised if Samsung are any different to many other manufacturers who do not provide a new warranty on repairs done under the original warranty. Normally a warranty expires on the anniversary of the original purchase date even if a repair was done during that period. If the repair was done outside of warranty, i.e a billable repair, then it should have its own warranty.

Bepolite

Paddytheman wrote: »

When contacting the vendor am I right in stating that both the repairs should have been permanent and also the tv is not of merchantable quality if I have suffered these issues(basically the same one twice) within 2 years of purchasing the product.

It's best to avoid legal jargon, it's often misused and gets people's backs up when you're simply trying to assert your consumer rights.

The 'two year' guarantee is a misconception based on a misinterpretation of EU law. Take the repair info into the store where you purchased it and ask what they can do for you. They may tell you it's outside warranty, inform them that you know that and that's why you are now speaking to them as you wish to assert your consumer rights. If they are not forthcoming after polite inquiries with the store manager, ask for a head office address write to them giving them ten working days to resolve the situation.

Then it's off to Small Claims Court.

Paddytheman wrote: »

I was going to avoid phone calls and e-mail them directly so I have a paper-trail should I need it as the initial purchase date was 06/11/11.

Always best to keep a paper trail.

Paddytheman

Hey guys, many thanks for your advice.

In the end I contacted Powercity with all my specific dates and history to hand, after a brief conversation they agreed it wasn't up to scratch and said they would chase up Samsung themselves. As of today I have a new screen and no problems.

Thanks.