Re: Sale of Goods Act Electronics

bmetikal

New Member
Mar 26, 2014
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Hi ,
Can someone please help me on below issue how to go further..
I had bought a SONY TV from RGB online store On 22/12/2011 (It is more than 2.5 years now)
Recently I am facing some problem with the TV, i.e. it is automatically turning off and red light is blinking 6 times with no picture seen. This is the same problem which occurred during the first year of purchase(exactly after 10 months after purchase) and was repaired by SONY under manufacturer warranty. I learnt that as per Sale of Goods Act, if there is some problem with the product not due to normal wear tear during first 6 years ,it is retailers responsibility to fix/repair/replace it.

I contacted RGB(Retailer) and they rejected to repair as it is not under warranty anymore and they are ready to send it for diagnosing the problem if i am ready to pay for trade cost repair.
According to The Sale of Goods Act 1979 (as amended) states that when a consumer buys goods from a trader they must be: as described; of a satisfactory quality.According to this law, I have six years from the date of purchase to claim damages for faulty goods.

Please advice whether i can take action and claim against retailer in this situation.
 

ALewis

Moderator
Nov 23, 2010
691
4
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South Wales
Hello,
I have moved your post to the Television section to avoid resurrecting an old thread.

Ok, You seem to have misunderstood the Sale of Goods Act here slightly, you have 6 years in which to make a claim for faulty goods, this does not mean that good must last 6 years.
In a situation like yours, you could own it for 2.5 years, and then, you can theoretically wait until the tv is 8.5 years old before raising any action with the retailer.

As you are outside of standard manufacturers warranty, there really is no redress to be made here unless you deem the goods to be of unsatisfactory quality or should you decide that the tv unit did not last a 'reasonable length of time' or should you find that the tv did not meet the description.

Now satisfactory quality is dependant on a number of things, and is totally per your thoughts. Whereas descriptions are on a factual basis:
Factors to consider are: branding, expectations, any product claims, claims made by the retailer - in writing or orally, build quality, materials used and the retail price (though price is not the be all and end all).

Should you believe that the goods did not last a 'reasonable length of time', again this does in fact fall under Section 14 of the Sale of Goods Act (under Satisfactory Quality), yet this has concern to the lifespan. You can judge whether or not the tv has lasted a reasonable length of time by the average expected lifespan of a tv of similar specifications + price.

For example: If a £100 tv should be reasonably expected to last 1 year, and a £500 tv expected to last 3 years, and your tv was priced at £500 yet only lived 2.5 years, you'd have a claim to make.

As you are outside of your manufacturers warranty, you can try to claim one of the above if you so wish, however by being outside, you are generally expected to front any delivery/collection costs, however should your claim be upheld, you can also expect this money to be returned to yourself.

You would most likely find that the retailer is only prepared to repair it provided it is not economically beyond repair, in which instance you can expect a tv of similar spec at a similar price range if not below what you initially paid.

Hope this helps!
 

LondonGirl

New Member
Mar 21, 2014
47
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London
www.simply-wrong.com
An excellent and very comprehensive answer thanks ALewis. The only thing I would add is I would try emailing the Managing Director of Sony UK with your issue to see if you can bring any pressure to bear.

You would need to make it clear you understand the contract is with the retailer, but ask if 2.5 years is a 'reasonable' life expectancy for a Sony branded TV. I'd be surprised if they say yes in writing to that, as you could massively damage their reputation.

The MD's email is: christopher.bowen@eu.sony.com