Faulty TV - Currys refusing to repair it

[myxiplx]

Hey folks, could I get some advice on where I stand with this please.

 

On 14/4/08 I bought a new 32" LCD TV from Currys. It's an ex display model so I got it at a good price, but was assured that it would still come with a full one year warranty. It looked a bargain but once we got it home we discovered that there's a faulty pixel glowing bright green in the center of the screen.

 

I phoned Currys the next day and they told me they could only offer a refund, but I didn't get very far as I'd forgotten to take the serial number in to work with me.

 

Well today I called again with the serial number and have been told that because it's ex display they won't repair or replace it at all, and my only option is a refund. Now I'm not particularly happy with this, it's not what I consider a warranty, and it's particularly galling when their exchange and refund policy stapled to my receipt states:

 

"We will always offer you the choice of an exchange or refund within twenty-eight days of delivery or collection."

 

Arguing with them over the phone has proved fruitless so far, but before I argue with them anymore I'd like to know whether I have an option to force them to repair this, and make Currys stand by their own terms and conditions?

 

PS. Anybody know how long Currys take to repair LCD TV's if I do get them to fix it?

[nicolee2931]

I would imagine they are trying to get out of a repair as the TV was brought at a reduced price however it depends on if you were told there were a dead pixel at the time of the sale, and this was the reason for the reduction in price in that case I would imagine the goods would be sold as described.

 

One thing is certain, when manufacturers look at dead pixels they take into consideration where the dead pixels are, are they in the centre or near the outside edges of the screen, how many are present, if they are grouped together in a cluster or scattered.

 

Normally when you get one dead pixel you tend to get others grouping in a cluster, so my hubby says

 

I'm sure someone else will be along sooner who will know more.

[gyzmo]

Just taking into account their refund policy (I'm deliberately separating this from statutory rights), is there an exclusion relating to non-new goods? That's an asides.

 

s. 14 requires that goods be fit for purpose as described, reasonable quality etc. This also applies to second hand goods, ex-display etc, but expectations as to quality, durability etc should be reduced as it is ex-display. However, any faults must be drawn to your attention. It is insufficient to simply say "ex-display". That's another aside (but more relevant)

 

S. 5A of Sale of goods requires the seller to, in this order, repair, replace or refund, dependant on convenience and proportionateness of one remedy compared to the others. The buyer cannot demand a remedy which is unreasonable.

 

So, is repair unreasonable? Well, quite possibly. I don't know about TVs, but I can imagine that a repair in terms of cost would be unreasonable in comparison to a refund.

 

However, they have supplied the warranty which is additional to statutory rights. They should honour the terms of that warranty.

 

 

I personally would take the money and run.

[myxiplx]

No, I wasn't told about any dead pixels on purchase, the reduction in price was simply because it was an ex display model. The warranty I have doesn't exclude ex-display models, and even their online warranty (Refunds Policy) states:

You will always have the option of an exchange or refund if the fault occurs within 28 days of delivery.

And again here: Main page refund policy

What happens if my item is faulty?

* Return a faulty product to a Currys store with your receipt or phone Aftersales on 0844 561 1234 to arrange a collection

* Any refund due to a fault will include a refund of the delivery charge you paid and our collection costs

* If there is a fault with your product within 28 days of delivery, you will always have the option of an exchange or refund

* If there is a fault with your product within 12 months of delivery, we will offer a prompt repair service

 

Personally I think they're trying to weasel out of it because it's outside of manufacturers warranty and it will cost them money to repair or replace. However that's their problem not mine. They sold it with a 12 month warranty, with terms and conditions clearly stated.

[gyzmo]

Again it will come down to reasonableness. They cannot be expected to pay £500 repairs on an item that costs £600. You need to establish that the cost of repairs is not disproportionate.

[nicolee2931]

My hubby says the dead pixel issue is an expensive repair as the whole lcd panel needs to be replaced, so as gyzmo quoted it would be best taking your money and doing a runner, as i think you only have so long to reject the goods and claim a refund.