John Lewis TV Warranty lowballing @johnlewisretail **RESOLVED BY JL director department**

[RustyFridge]

I purchased a LG OLED 65” TV for £1899 in February of 2021. 
 

The tv has been deemed “beyond economical repair”

I understand that under my consumer rights a partial refund based on my use etc etc. 

they have offered me the alternative of an LED Sony Bravia TV, or £1,499. 
 

Under consumer rights this may be a good offer. However their warranty goes above and beyond consumer rights.

Here is the warranty excerpt in full:

If we can't repair your product, we'll replace it with the same model, or a model with an equivalent specification, in a small number of cases this may be a manufacturer approved refurbished or a remanufactured unit.

If no equivalent product is available, we'll either offer you the nearest equivalent specification or its selling price value refunded on a John Lewis E-gift card. The maximum refund will be the price you paid. Regardless, we'll always do our best to make sure you're satisfied with the outcome.

Looking at a warranty claim and not CRA, they are saying the following:

The equivalencies of the TV are based on certain markers, like screen size, none of which are clearly highlighted in any of the warranty documentation. 

They go on to mention that the sentence “nearest equivalent or its selling price value” means the current market price of my old TV set. 

not sure if they have some special glasses on but none of what they are saying makes any sense to me.

Am I right in saying that the terms of the warranty are whatever is stated clearly upon purchase? 

if they have not identified terms of the warranty contract, could it be classed as misleading, or the contract of sale be null and void, therefore meaning that I should be reimbursed in full. 

Many thanks in advance for your help. 
 

Rusty. 

 

[BankFodder]

Please monitor the thread for a fuller reply tomorrow

 

Have a look at the available televisions and select the one that you think best matches their promised to in their guarantee.

[RustyFridge]

Thank you. They do the same model (just the latest variant) that is what I would class as the “equivalent” 

[BankFodder]

Ok. Tomorrow

[BankFodder]

So my understanding is that you bought a television in 2021. It has failed and apparently is reckoned to be beyond economical repair so it is a write-off.
The TV was accompanied by a two-year warranty. Did you pay for this? Normally speaking a warranty is pretty irrelevant because you are covered by your statutory rights but here they seem to be suggesting that the warranty includes a "new for old" in the event they can't repair it.

I'm not sure what the issue is because from what you say it seems to be slamdunk.
Their  warranty promises that you can have the same model.
If they can't find exactly the same model – not the updated version then it seems to me that you should be entitled to the updated version. If there is an ambiguity then should be construed in your favour.

Are they causing a problem?

[RustyFridge]

Yes the warranty is a five year warranty and they are adding extra “caveats” around the warranty. 
they are saying the equivalent is based on only certain criteria like screen size. Which doesn’t count for oled vs led. Hardly an equivalent.

they also don’t understand the last line of that paragraph. They said the equivalent or the cash price on a gift card, means an equivalent or the market value selling price of my tv. Which is not even close to how I understand it. 
 

as you say, a slam dunk, they just need to understand what the warranty they agreed to says. 
 

that’s where I am at now, trying to escalate to find someone who actually understands what their obligation is. 

The warranty was the standard John Lewis five year tv warranty sold with all new models. No payment for the warranty was made. 

[BankFodder]

First of all can you please post up the message that they sent you giving their interpretation of the warranty.

Secondly, on the wording that you have given us much earlier, it is ambiguous. In law there is a rule called "contra proferentum". It basically means that where there is an ambiguity in the transaction – normally in the written document – then the interpretation which is to be preferred is the one which disadvantages the party which is trying to rely on the ambiguous term.
In this case that means – John Lewis.

John Lewis used to be so good and for most of the 17 years that this forum has been running we haven't had a single complaint about them. Then I think in the last few months we've had two or three which is remarkable.

Let's see their message – but I think that you may as well cut to the chase, send them explanatory message – then a further five days – then a letter of claim and if they are still be stupid then issue the claim.

Without having seen the message that they have sent you, I would hazard that your chances of success are much better than 90%.

Can you link us to the term of the warranty which you are relying upon and which you posted above please.

Also, you had better tell astound you prefer to carry on negotiating or do you want to assert yourself – with our help of course

[RustyFridge]

They told me about the warranty all via phone call so nothing written as yet. I have emailed the senior management team and if that comes to nothing I will ask them to provide written details.

here is the full tv warranty claims detail. The paragraph I am referencing is the last paragraph of the product faults section.

Guarantees | Customer Services | John Lewis & Partners

WWW.JOHNLEWIS.COM

---

Contact our customer services team if you need help shopping with us

If the email I sent has little fruit I would like to be in a position for assertive action. Any help and advice on drafting letters of intent etc would be greatly appreciated thanks. 

[BankFodder]

Okay I think your position is beyond doubt

Quote

If we can't repair your product, we'll replace it with the same model, or a model with an equivalent specification, in a small number of cases this may be a manufacturer approved refurbished or a remanufactured unit. If no equivalent product is available, we'll either offer you the nearest equivalent specification or its selling price value refunded on a John Lewis E-gift card. The maximum refund will be the price you paid. Regardless, we'll always do our best to make sure you're satisfied with the outcome.

The fact that they say that in a small number of cases the replacement may be a refurbished or remanufactured unit is a clear indication that normally speaking they would expect to provide a brand-new model.

What is the cost of the upgraded model brand-new?

Have you written confirmation that the TV is beyond economical repair or is this something else that has been said to you on the telephone?

Are you now without TV? How long has it been gone?

[RustyFridge]

I was without the tv for 4 weeks. 
today I got a call from the director department at John Lewis. I emailed Sharon white and they got in touch. 
 

finally seen sense and they are sending me my new replacement tv on Tuesday! 
 

thank you for your help. 

[BankFodder]

Well done. I'm pleased that you didn't have to resort to litigation although if you had done then you would have won without any problem