Faulty TFT - No Replacement

  PaulB2005 16:31 18 Apr 06
Locked

I have a friend who has bought a new PC with a TFT monitor.

The PC works fine but the screen keeps blanking at random. Swapping back with the old CRT Monitor has proved the TFT is faulty. They took the TFT back for a replacement 2 weeks after purchase as it took a while to get time off work and test that the TFT was indeed faulty.

The shop have refused a replacement as they stated that the owner will have to arrange for a "hot swap" of the monitor because it is sold with a 3 year manufacturer warranty.

I feel this is in contravention of the Sale of Goods Act which states the Seller is responsible for replacement and refunds.

Who is correct?

  spuds 17:05 18 Apr 06

The shops talking utter rubbish, in refusing to deal with the problem. They are responsible in the first twelve months, for dealing with any faulty items that they sell under the terms of consumer laws, not the manufacturer. Having stated that, the manufacturer may provide a additional warranty, usually up to 3 years as a 'swop-out' agreement. This normally means that you contact the manufacturers call centre (on warranty card), who will then make arrangements for a replacement, as per their terms and conditions.

The replacement should be 'equivalent to, or better than' the model being replace, if an exact model is not available. This may also mean, that the substituted model could be a refurbished unit, and not brand new. The remaining warranty should still be intact, upto the 3 year cover. It would be upto you, whether you contact the manufacturer in the first twelve months, but by contacting the manufacturer, may avoid unnecessary delays, as the seller would have to follow the same route, in obtaining a replacement perhaps, unless they supplied new from their own stock.

Trading Standards click here

  Graham ® 17:06 18 Apr 06

The seller is indeed responsible. However from my own experience, a 'hot swap' would be the quicker option.

You don't need to pack it, the replacement will arrive in a flight case. Just swap it for the faulty one. Next day, usually.

  PaulB2005 17:19 18 Apr 06

The shop is a local shop so a diredct replacement would be easier / better and i don't see why they should dodge their legal (?) responsibility.

"They are responsible in the first twelve months, for dealing with any faulty items that they sell under the terms of consumer laws, not the manufacturer."

Apparently, according to my reading of the DTi website, it's six years!!!!

click here

"For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement)."

  Stuartli 17:24 18 Apr 06

>>Apparently, according to my reading of the DTi website, it's six years!!!!>>

No, it's UP to six years and depends on a variety of circumstances.

The Retra website lists the guidelines for its electrical retailer members at:

click here

  PaulB2005 17:36 18 Apr 06

No, it's UP to six years and depends on a variety of circumstances.

Ah i see..

  spuds 17:58 18 Apr 06

Six years will not cover a biro pen, but it should cover a new motor car, perhaps ;o)

  PaulB2005 18:37 18 Apr 06

"Six years will not cover a biro pen, but it should cover a new motor car, perhaps ;o)"

Gets clearer....

So basically is the SOGA a legal requirement? They can be taken to court?

  961 18:59 18 Apr 06

I think you should insist on a new replacement from the shop, who are primarily responsible for the contract between you and them, and if you paid by credit card, advise the card company of the dispute

"Hot Swaps" (don't you just love the jargon?) are all very well, and may work out faster, but what is not often appreciated is that the manufacturer will generally replace with a unit which, while of the same sort of age and condition, has already been returned as faulty and been refurbished to be used to replace the next faulty jobbie

  SG Atlantis® 19:17 18 Apr 06

So what do you want mfrs to do with faulty units?

Just bin them?? That would cost a fortune, and that cost would be passed along to us. It is perfectly reasonable for mfrs to issue refurbished replacements... Or fix yours and give it back to you, after you've done without it for a few weeks while it's repaired - I'll take the hotswap option any day!

Refurbished units save time and money and everyone benefits.

  aveylee 19:19 18 Apr 06

Legally the Sale and Supply of Goods to Consumer Regs, which amends s.48 of the SGA'79, gives the consumer the right to require an 'identical' item in replacement (but only if it is possible and reasonable). the only other remedy is recission (cancellation) of the contract or damages.
The statute of limitation specifies that no legal action can be commenced after 6 years. The consumer regs state that goods are only 'fit for purpose' if they are durable, i.e. they last as long as such an item can be expected to last. (TFT's expected to last 50000 hours, equivilent to 15 years usage (Divide 50000 by 8 to get a standard working day, then divide by 365 to reach life expectancy in years)

In PaulB2005 case he has a right against the shop where he bought the TFT for upto 6 years, the shop must either repair, replace with an identical model or provide sufficient money to enable Paul to purchase a replacement elsewhere. Technically if a refund does not cover the cost of replacing the TFT (part of a package etc) the supplier can be made to give compensation above the basic refund.

P.S. I have yet to meet a shop on or off-line that actually knows their statutory obligations.

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