Who is responsible for honouring the guarantee?

[bullyboy]

I bought a 40 inch LCD Samsung TV and Sky HD box from Bennetts in Norwich in April this year however the TV sound has decided on a random basis to become completely distorted and the only way to reset it is to turn it all off and back on, then to top it all off the sky HD box happily records what I ask but then refuses to play back certain recorded programmes even though it says they are there. So I went to Bennetts this weekend and asked what the score was with a view to gettinng these items changed and was told basically it was not their problem and to ring the Samsung number they gave me for the TV and that the manufacturer would arrange for it to be collected and repaired but wouldnt give me any timescales as to how long I would be without a TV etc I said I thought that was unacceptable as I didi not pay the best part of £1000 to have no TV and I was told that I had to deal with Samsung, then to top it off I asked about the sky HD box and was told to bring that back into the store and they would send it away again with no timescales could be a week possibly a month! I pointed out that if it were away for a month then I would be paying my £50 monthly subscription to sky for nothing and was told to take it up with Sky. I think that they should replace both items or at the very least give me a resonable timescale for repair. So I guess the question is what are my rights can I insist that the items are replaced?

[reallymadwoman]

Your contract is with the store. They are obliged to meet your statutory rights under the Sale of Goods Act. If they sell you something that is not of satisfactory quality or does not match their description or is not fit for purpose then you have statutory rights to reject the goods, have a repair, or a replacement. As you've had the goods since April, it is unlikely you would be able to reject now so the store has to either replace or repair. If you're still within 6 months of purchase, the onus is on the trader to prove that any defect was not present at the time of purchase. Repair or replacement has to be carried out in a reasonable time and with no inconvenience to you. I would have thought that no inconvenience means they should at least lend you a replacement product for the duration.

Go back and insist!

[Shanks]

Hi Bullyboy, if you only bought it in April then you have good right to be disatisfied with the product and the service you have received. As far as I am aware your complaint is with the retailer - it is they that sold the item and so any issue should be taken up with them. I do know that many retailers, like the one here, simply say take it up with the manufacturer. This is because ultimately if you don't then they will have to. i.e. you bring the goods to them and they box it up and send back to Samsung. In some case it might end up being quicker because it does miss out he middle man but usually it's more a case of, if they can you to do the work then it saves them the trouble.

 

It is the sale of goods act you need to be looking at and a very good thread here gives much more detailed information than I am able to http://www.consumeractiongroup.co.uk/forum/retail-stores-forums/117106-sale-goods-basic-guide.html

 

have a look through and post back with any questions, I am sure a more knowledgable person will pick it up, cheers

 

One last point though, I had a Samsung monitor go wrong very soon after purchase and I was told to contact them direct. I rang them and they arranged to swap the unit free of charge within 3 or 4 days delivered to my house. So it might be worth calling them just to check.

 

taken from Warranty Information - Support and Help Line - Samsung UK

 

You can contact the Samsung Customer Care Team on 0870 SAMSUNG (0870 726 7864) who will be happy to help. Please have your full Samsung model number and serial number, date and place of purchase and a brief description of the fault/ query ready when contacting our Service Team.

[bullyboy]

Thank you for your assistance I will call Samsung when I get home on Friday, and if I'm not happy then back to the shop it will be armed with the SOG and I will not leave until I am satisfied. As for the Sky HD box I have done a bit of surfing and it would appear to be a common problem so I will try some of the suggestions of how to cure it before taking it back.

[demon_x_slash]

A word of caution - bypassing the retailer in favour of the manufacturer can invalidate your rights under SoGA with the retailer if the manufacturer replaces the item for you. The safest route for you and your rights is to stand your ground with the retailer; you've been in-store once and been fobbed off, so I would suggest a letter next time. The retailer has to send it away for inspection to determine the fault - however, they must give you a timescale for this and it shouldn't be so long as to inconvenience you. There is a good sticky in General Consumer Issues called How To Complain; if you have trouble with your letter then use that sticky as a guide, and then post it here for comments before you send it off.

 

Good luck.

[Shanks]

Thanks for the correction demon_x_slash I wasn't aware that you could risk losing your rights in this way.

 

Cheers

[demon_x_slash]

If the manufacturer replaces the faulty item, then it's not the same item that you bought from the retailer - therefore the retailer's liability ends. Glad to be of help

[bullyboy]

Thanks for all of the pointers I will deal with it this weekend when I get home (I work away all week) sorry a bit late with the thanks I was travelling all day yesterday. I will let you know the outcome as soon as I have it.

 

Bullyboy

[bullyboy]

Thanks for all the help I will be going home a day early and I am passing the store on the way home so I have drafted this letter, what do you reckon

 

 

 

Bennetts Electrical

Hall Lane

Norwich

 

Date 17 October 2007

 

Dear Sir or Madam

 

Faulty 40 Inch Samsung LCD TV

 

Last Friday 12th October 07 I enquired at your Customer Service desk as to the procedure for returning my Samsung LCD Television that I purchased from your East Dereham Branch in April of this year, as the sound on the set randomly becomes extremely distorted and will not clear until the set has been turned off for several minutes and turned on again. The lady I spoke to informed me that I had to take this up with Samsung direct and that there was nothing the store could do for me. I did point out that the warranty did state that the equipment if faulty should be returned to the store and that having spent the best part of £1000 for this television with your company I did not see why I should be sorting this out and be without a television for an undetermined length of time. However the lady insisted that this was incorrect and that I would have to deal with Samsung direct and as for how long it would take rather patronisingly informed me that depended on the fault and could be possibly a week or even a month.

It is my belief that under the Sale of Goods Act that my contract is actually with your company and not with Samsung and that your company has the legal responsibility in dealing with the matter.

 

I feel that your company should deal with this matter within a reasonable time scale at no inconvenience to myself and at the very least provide me with a replacement television of a similar standard whilst mine is being repaired or alternatively replace the television with a new set. Furthermore I did take out an additional 2-year warranty which in the event you were to replace the television I would expect to be transferred to the new set.

 

Over the years I have purchased most of the electrical items in my house from your chain of stores either at your store, East Dereham or Cromer (Washing Machine, Tumble Drier, 3 DVD players, Sky HD, Fridge etc) and to date I have had no reason to complain about any of the goods purchased or the after sales service I have received. In fact on the one occasion I had to return a faulty DVD player it was dealt with extremely efficiently by your Cromer Branch to my total satisfaction, which was the main reason I chose Bennetts to make such a major purchase such as my Samsung 40 inch LCD television.

 

I would appreciate your help in resolving this matter and look forward to hearing from you, please feel to contact me on any of the phone numbers I have listed numbers or at my home address

 

Yours faithfully

 

 

Your signature

 

Mr XXX

 

Copy to File

Mr XXXX

Xxxxxxxx

Xxxxxxxx

Xxxxxxxxx

Tel xxxxxxx

Mob xxxxxx

e-mail xxxxx@xxxxxxxxx

 

What do you reckon?

[Conniff]

I would appreciate your help in resolving this matter and look forward to hearing from you, please feel to contact me on any of the phone numbers I have listed numbers or at my home address

 

 

I think I would remove the word 'appreciate' as it sounds as if you are asking them a favour, and end it "I look forward to...... etc";

You have also got the word 'numbers' in twice.

 

Other than that it looks good and shows you are a regular and loyal customer.

[bullyboy]

Thanks for that it always pays to have a second set of eyes to look over it, thats the trouble when you read it so many times you miss duplicated or stray words.

[bullyboy]

Well I have dropped off the letter on Thursday midday and called on Saturday to see what the outcome was, only to be told "oh you're the one" and that it would be dealt with in due course. My question from this is how long should I let it go before I start chasing?

[Oh Boy!]

Also please note the following : - sections to quote in your letter

 

 

Sale and Supply of Goods to Consumers Regulations 2002

 

48B Repair or replacement of the goods

 

 

(1) If section 48A above applies, the buyer may require the seller -

 

• (a) to repair the goods, or
   
  (b) to replace the goods.

(2) If the buyer requires the seller to repair or replace the goods, the seller must -

• (a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
   
  (b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

(3) The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is -

• (a) impossible, or
   
  (b) disproportionate in comparison to the other of those remedies, or
   
  © disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

(4) One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account -

• (a) the value which the goods would have if they conformed to the contract of sale,
   
  (b) the significance of the lack of conformity, and
   
  © whether the other remedy could be effected without significant inconvenience to the buyer.

(5) Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to -

• (a) the nature of the goods, and
   
  (b) the purpose for which the goods were acquired.

[Conniff]

Thanks for that OB, not sure how you managed to split your posts, but I am sure the op will be thankful for this help on return.

 

C

[Conniff]

An error with the board has altered the order of the postings, they should be read in the following order:

 

#12, #15, #16, #17, #13, #11, #14

 

C

[Shanks]

Hi Bullyboy,

 

I would normally suggest week is plenty long enough for a store to decide on their next action. But what a disgraceful manner you were met with when you went in on saturday. I would still give them the week but make sure you escalate this to managment level if you don't hear anything.

 

If it gets to it your next letter ought to include the following quote from their web site - Returns and Refunds Policy :: Bennetts Electrical Online

 

If your goods develop a fault after 28 days and within its 12 months guarantee we will arrange to repair and return or replace the product to you free of charge.

Bennetts are members of RETRA (Radio, Electrical and Television Retailers Association) and they have some interesting thoughts on what is a 'reasonable time', it might be worth quoting them as well

 

retra - radio, electrical and television retailers' association uk

 

Cheers

[Conniff]

I have asked for some assistance for you bully as your getting the run around from Bennetts.

 

They have had more than the seven days recommended above so I think it is now time to escalate this to head office quoting the sale of goods act.

[Oh Boy!]

In answer to your Request for Assistance

 

Sale of Goods Act 1979 (as amended By The Sale and Supply of Goods Act 1994 and The Sale and Supply of Goods to Consumers Regulations 2002)

 

Under the Act you are entitled to expect that any goods you buy from a trader are entitled to be: of satisfactory quality,fit for any particular purpose made known to the seller; andas described.Satisfactory quality means that the goods would meet the standard a reasonable person would regard as satisfactory taking into account the description of the goods, the price (if relevant) and all other relevant circumstances.

 

The quality of the goods includes their state and condition including their appearance and finish, freedom from minor defects, safety and durability. T

 

They should also be fit for all purposes for which goods of that kind are commonly supplied.

 

Your rights under this Act are against the person who sold you the goods and not the manufacturer. You have no real grounds for a complaint if you:

 

were told about the fault before you purchased the item;

 

examined the item when you bought it and should have seen the fault;

 

made a mistake when purchasing the item;simply changed your mind about the item.

 

RemediesSince 31 March 2003 you have more rights under the Sale and Supply of Goods to Consumers Regulations 2002. If a product that was faulty at the time of sale is returned to the retailer, you are legally entitled to:

 

a full refund- If you have a complaint about something you bought you should tell the seller as soon as possible. This is because if you are considered to have 'accepted' goods you can lose the right to a full refund.

 

One way to 'accept' goods is to keep them beyond a reasonable time without rejecting them; ora reasonable amount of compensation (or "damages") - If you have bought faulty goods and have 'accepted' them you may have to accept an offer to put the goods right or the cost of a repair.

 

If the fault cannot be put right or the cost of putting it right is unreasonable you may be able to claim appropriate compensation but you would have to keep this claim to a reasonable minimum.a repair or replacement -

 

Under the Sale and Supply of Goods to Consumers Regulations 2002, you have the right to ask for a repair or a replacement, providing that it does not cost more than you paid for the item. This then should be provided within a reasonable period of time.GuaranteesWhere goods are offered with a consumer guarantee, the consumer can request that the guarantee be made available in writing and that the terms of the guarantee should be set out in plain language which can be easily understood.

 

This should be in English if offered in the United Kingdom and should give details of how to make a claim under the guarantee. A contract will also be made between you and the guarantor. This means that if the guarantor refuses to honour the guarantee you may be able to take legal action.

[bullyboy]

Sorry it took so long to get back been away at work etc.

Back to Bennetts managed to eventually get hold of customer Services (by phone) only to be told by the lady that the letter couldn’t be found and that was why I had not been contacted, a sense of humour failure followed at this point and I got to speak to a manager, I explained to the manager what had gone on and what I expected to happen and that I thought I had been more than patient etc and he promised me he would look into it. Got to speak to someone the following day and was informed that they would lend me a similar TV if mine got taken away and had been in contact with Samsung and that although they had registered my fault Samsung would only deal with me direct gave me a ref number and asked me to call them. I was not happy with this spoke to the Manager and expressed my concerns of guarantees etc I was given a guarantee (verbal but witnessed by a mate) that in the event of any replacement etc that they would still honour any Guarantee and extended warranty would be sorted so with working away etc I called Samsung and arranged a visit, they called yesterday and confirmed it was a known fault and that they would order a new sound board and speakers which should be in about 10 days they will then come and fit it. So that is the stage I am at now. Not ideal but bearable

[Conniff]

Thats great news. Samsung are fixing it and the warranty still stands with Bennetts.

Why couldn't they have done this in the begining.