Plasma TV Fault : Brand New: What are my rights?

[Bagpuss007]

Hi all

 

My first posting here - so please be gentle with me!

 

I am really just posting to see if anyone can advise what my rights would be in the following situation:

 

On 15th January 2011 I purchased, from a local Panasonic dealer (well Panasonic agent) a brand new 42" Plasma television (V20).

 

It was delivered the same day - 15th January this year.

 

However, with a few days, I noticed that there was a problem - an intermittent problem - the picture would dim for no apparent reason and the only way to cure this problem was to switch the tv on and off again. I would add, I am quite "techhy" when it comes to tv's - I do know my stuff inside out with them, so I know it's nothing to do with the settings I have the tv on etc... To my mind, this intermittent problem is purely and simply a fault.

 

I notified the shop I purchased the tv from, via email, on the 7th day of ownership. They got back to me and said they would have to speak to "Panasonic technical department" and would phone me back when they had an answer. After several days they phoned back and said it was "quite normal" for the tv to do this and would "improve" after 2,000 hours! That's nearly a years useage for me!

 

I said I would monitor the situation and if it kept doing the intermittent problem, I would get back to them.

 

Well, I thought at first the tv had somehow magically rectified itself as the problem with the screen dimming right down for no reason "seemed" to have stopped. However, a couple of weeks later, I noticed it doing this again. Therfore, on 17 February just gone, I emailed the shop again, to tell them it is still doing this same problem that I notified them about within the first week of ownership.

 

The shop said they would email Panasonic technical department yet again. A week went past and I heard nothing. So, today (18 February) I sent a rather snotty email to the shop concerned saying that as a customer, I am now totally peed off and want something done promptly. After all, it has been nearly 1 month since I first told them of the issues.

 

The shop now tell me they have passed my details on to a company (repair company) who act for Panasonic who will ring me "within the next few days" to come round and see the problem. Now, I clearly explained in my email and in person to the manager of the shop, that this fault is very intermittent - so if this "repair agent" comes round, it's likely not to show the problem - it can take days to happen!

 

The shop manager didn't really seem to know what the course of action would be. He said if it was found to be faulty it would be repaired. I said I wasn't happy at this, because, after notiying them within 7 days of ownership, why should I have to accept a repair? I just want either a replacement set or my money back.

 

My real question to you experts is really the following:-

 

If, when the tv engineer calls and I explain (again) that this problem is intermittent, I have a sneaky feeling they will say they've got to take the set away for testing.

 

Am I within my rights to refuse this (considering I told the retailer about the problems within 7 days and they have taken this long to sort it) - I honestly don't see why I should be without a tv that is brand new and have to accept it being taken away for testing etc...

 

I know the price is irrelevant here, but we're talking about £1,200 worth of tv, so it's alot of money.

 

I just wondered if I have to accept a repair/the set being taken away after such a short time?

 

Many thanks for reading this and indeed, many thanks in advance for any advice

 

Regards

[perplexity]

N.B. Section 34 of the Sale of Goods Act:

 

Buyer’s right of examining the goods.

 

Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract

The implication is thus that if the goods are found be no good when examined, the buyer is entitled to reject instead of requiring a repair or replacement.

 

8-)

[rebel11]

Hi Bag

 

Welcome to CAG

 

SOGA :- http://www.consumerdirect.gov.uk/aft...nowyourrights/

 

Templates :- http://www.consumerdirect.gov.uk/aft...plate-letters/

 

or depending on how you paid, you can do a Chargeback :- http://www.which.co.uk/consumer-righ...d-debit-cards/ There is a time limit, contact the C/C tell them whats happened.

 

I don't think you should fork out £1,200 and after a few weeks have the product repaired, it might suit the retailer and Panasonic it wouldn't suit me. Get a Refund. This could go on and on.

[perplexity]

Section 35(2) is more to the point:

 

Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—

 

(a) of ascertaining whether they are in conformity with the contract, and

 

......etc.

8)

[Bagpuss007]

Thanks for your responses so far...if I could just update the situation a little and have people's thoughts on this....

 

Basically, the shop insisted on sending an engineer up (who work on behalf of Panasonic) - because the fault is intermittent, of course, it didn't display this screen dimming when the engineer was here - so a pointless/worthess visit! I pointed this out to the repair company before they came, but they said they are just following orders...

 

Anyhow, the engineer said he, of course, had no option but to write "no fault observed" - which is true. He said he couldn't hang about just waiting for it to happen and nor would they take it into their workshops to view as no one would have the time to sit about waiting for it to happen...

 

The repair man said it was awful that because I had notified the local dealer within seven days in writing that they (the dealer) didn't just take my word for it and keep the customer happy and exhange the set. He said if it was his tv, he would have taken it straight back to the shop directly and demanded a replacement or refund. He said his visit was pointless but hey, he was getting paid for it, so he didn't mind etc...

 

Anyhow, I've contacted the shop to say I am not happy considering the set is now 4 weeks old, but the fault was notified to them in writing within the first seven days of ownership. They (the shop) have emailed me back saying that they will "consider" replacing the tv, but they MUST see the fault first, so they want to collect the set and set it up instore, keep it on all day and watch out for it to happen. They did say they will "lend" me a tv in the meantime.

 

To be honest, I am not sure if I am entirely happy with this suggestion. I don't like the fact that a BRAND NEW tv has to now go away and be run in some shop all day long until they see the fault - yes - ok - they'll "lend" me a set, but am I wrong in feeling that I want to argue this case and just say I am not happy with this course of action on a set that exhibited the problems from brand new and was told to the shop within the first seven days? Why should it now have to go away and be run in a showroom (where presumbly any customer could perhaps come up and fiddle with it?) It's brand new!!!

 

If anyone could help - and let me know what my rights are, I would be so grateful!

[perplexity]

If you take the time to look around, a good deal of information was already posted about this sort of thing recently, to threads with a similar theme.

 

The long and the short of it is yes, there is a basis in law, to support a demand for a proper replacement or your money back, whichever, but the law is not a magic wand because it all boils down to what is "reasonable".

 

8)