Faulty out of the box

[xendistar]

I purchased a Galaxy Note 10.1.Tablet and from the moment I turned it on I noticed a fault, the left hand speaker keeps making a crackling\popping noise (bit like when you grab hold of speakers cables and shake them and the speaker makes that crackling noise). It is intermittent although can be made to happen by certain action on the desktop. Playing a video and the crackling noise is continuousand can be heard above the video soundtrack. Turning the volume up or down make no difference to the noise level of the crackling noise.

When I contacted the company I bought it from they gave me a number and told me to call them, that number turned out to be Samsung Customer service and when I spoke to them they only offered to repair the device. As the device was delivered faulty do I have the right to request a brand new replacement and not a repair?

I have advised the company I purchased the Galaxy Note from that they are responsible for resolving this issue and not the device manufacturer own warranty as I purchased the device from them and not Samsung. I have not had a reply to this yet (all correspondence have been done by email so there is a record).

Can somebody please advise

Regards

 

[ALewis]

Absolutely. You can request a replacement under S.14 of the Sale of Goods Act.
You never deal with the manufacturer, they're not a party to the contract (as you correctly state).

I think you knew your rights really but just needed reassurance

Adam

 

[xendistar]

Thanks Alan, you are correct I was after the confirmation that what I was thinking was correct. Hopefully the company I purchased it from will do the right thing and I wont need to use the services of this forum again, but rest assured I will be back if I do.

Thanks

 

[xendistar]

Update, I am being asked to send the item back for inspection, if the item is found to be faulty and caused by misuse, accidental damage or a software issue, it will be returned to me as is. If the fault is deemed to be a failure\production fault I will be refunded and can order another one.

Are they permitted to do that??

 

[ALewis]

They are yes, however a software issue is their problem still, not yours (I assume the software was pre-installed).
Make sure you package it up well, take photos of the wrapping etc so they can't accuse you of badly packaging it.
Should they decide the fault is through misuse, you can ask them for their inspection report.

Also take many photos of the tablet. Every little bit of it - just incase it comes back to you scratched etc.

Adam

 

[xendistar]

Thanks Adam understood

 

[xendistar]

Just a quick update, the tablet was confirmed as having a fault and I will get a full refund as they are currently out of stock. At least I can now look else where or wait till they have some in stock (about 4 weeks).

Thanks for the advice guys