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Reclaim the Right Ltd. - reg.05783665 in the UK
reg. office:- 923 Finchley Road
London
NW11 7PE
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23rd June 2007, 10:45
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#1 (permalink)
| | Basic Account Customer | Advice - LG 42" plasma buzzing - can I get a refund?? I bought a 42" LG plasma 3 weeks ago from Currys, and took it home.
Immediately from installation, there was a loud / high pitch buzzing from the set. I gave it a couple of days to see if it was something that needed to "settle in", no change. I had taken out the "whatever happens" insurance so I gave them a call. An engineer came out to have a look.
First thing he said was "I can see the problem as I walked up your drive, the contrast is set too high, that will be causing the buzzing noise!"
We checked the settings, they were on the factory default settings - 80% "oh yes, thats the problem, its making the tv work too hard!" We changed the settings, no change!. Now come on, if the tv has a range of settings, all of those available settings should work satisfactorily?
Anyway, this did not change the buzzing. He tried a few other things, no change. He put his head right behind the tv and said "all TV's buzz, thats just the power supply unit". This I can appreciate, but hearing the buzz when sitting 12feet away cannot be a normal noise. He then sat down by the TV, approx 2 feet away, and stated that he could not hear the noise, said it was working within spec and that there was nothing he could do about it, I would have to take it up with the shop!
It is not just me who hears this noise, my GF and several others have also commented on it.
So, I go back to the shop. They ring up mastercare and explain the problem, mastercare said" we have sent an engineer and they reported no fault. There is no fault with the TV!"
I told the manager that this is not acceptable, he arranged for a guy from the store to come out and have a listen. He came yesterday, and he agreed with me that it was a noise which should not be there!!!!!!
I get a call a little later to say that if I go into the store, they will replace the TV with another model of my choice!. But, if I get a buzzing noise again, I will have to live with it.
I am partly happy with the outcome, however, if the other one develops a buzz, what do I do?
Frankly, I just want a refund and want to buy another conventional CRT TV.
I have most if not all of the packing boxes etc. How do I stand with this???
Thanks in advance... |
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24th June 2007, 13:16
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#2 (permalink)
| | Platinum Account Customer
I am in: the a***hole of Manchester
Posts: 2,532
| Re: Advice - LG 42" plasma buzzing - can I get a refund?? You may well be entitled to a refund - only 3 weeks have elapsed so you could argue that you have not accepted it, but it is a fine line.
However, any remedy must be proportional. A replacement TV is probably best.
As regards to what the shop said that "you would have to live with it", that is nonsense. If the other TV buzzes too, then you can reject it.
Go with the replacement and if that is not OK ask for your money back or swap it for a conventional TV. Any difference in price should be made up for either way. |
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26th June 2007, 01:24
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#3 (permalink)
| | Basic Account Customer | Re: Advice - LG 42" plasma buzzing - can I get a refund?? Quote:
Originally Posted by gyzmo You may well be entitled to a refund - only 3 weeks have elapsed so you could argue that you have not accepted it, but it is a fine line.
However, any remedy must be proportional. A replacement TV is probably best.
As regards to what the shop said that "you would have to live with it", that is nonsense. If the other TV buzzes too, then you can reject it.
Go with the replacement and if that is not OK ask for your money back or swap it for a conventional TV. Any difference in price should be made up for either way. | just some corrections about the 3 week class as not accepting it.
under distance selling rules there is a timescale which allows the person to inspect and ensure what they receive is what they want. a kind of legal satisfaction guarantee as it were, seeing as with distance selling you cannot physically see or touch the product to be 100% sure.
in retail shops etc where customers see the products and such stuff there is not this same timescale.
the accepting goods is nothing to do with testing for faults. but for a satisfaction purpose which retailer who sales an item and the customer takes it with them, does not have to honour any satisfaction guarantee.
if classed as faulty then standard SOGA rights apply but do not rely on the "only 3 weeks have elapsed so you could argue that you have not accepted it" unless you had it delivered.
from reading the OP who said he took it home i dont beleive he got it delivered. |
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26th June 2007, 07:49
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#4 (permalink)
| | Platinum Account Customer
I am in: the a***hole of Manchester
Posts: 2,532
| Re: Advice - LG 42" plasma buzzing - can I get a refund?? NO! NO! NO!
STOP IT! You KNOW WHAT IS MEANT YOU FOOL.
1. The OP stated that they bought the TV home, indicating that it was not bought by distance selling, therefore the distance selling regs will not apply, so there is no point in mentioning them.
2. the acceptance of goods determines the remedies that you have available. Once accepted, all conditions are treated as warranties (unless the new incorporated regs are used which are not dependant on acceptance). Using the old regime requires non-acceptance, and a full refund or damages can be gained. The other does not require acceptance, but will more than likely lead to repair or replacement.
To the OP - please ignore the comments posted above, the poster is a re-incarnation of a mind devoid of any legal or consumer knowledge.
Last edited by gyzmo; 26th June 2007 at 08:00.
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26th June 2007, 09:12
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#5 (permalink)
| | Platinum Account Customer
I am in: Number 4, Stygia Avenue, Hell...come in, we have beer and Pringles.
Posts: 2,570
| Re: Advice - LG 42" plasma buzzing - can I get a refund?? LOL It's like trying to get rid of wasps, isn't it? You kill off one nest under the eaves and another one pops up right outside your bathroom window... |
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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
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