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Thread ID: 77027	2007-02-24 21:27:00	Warranty and consumer rights...	xpd (11702)	PC World Chat

Post ID	Timestamp	Content	User
527752	2007-02-24 21:27:00	Had a look around on the govt websites and ended up going round in circles..... :groan: Anyway, I have a TV that has packed up, but is still under warranty by about 2 weeks. Have made a claim to the store I purchased it from so thats all good... but my query is this : Because its an older TV now (5-6 yrs old), there is a good chance they might not be able to get the parts etc to fix it - does the retailer just have to give me a replacement similar model TV, or a TV to the same amount that I paid for the original TV 5 years ago (which was $1000) ? Im not trying to screw anyone over etc, just want to know where I stand if they do come back with an offer of replacement... Thanks for any advice/help :D	xpd (11702)
527753	2007-02-24 23:50:00	In essence they have the right to repair if possible, replace if unrepairable with a similar value TV offering equivalent performance (not necessarily new), or refund you the purchase price less an amount for the period of use you have enjoyed . From what you say it is around 5 years old, so to be under warranty still it must have had either a very good warranty to start with, or you paid extra to extend the warranty to 5 years . They only have to restore you to the position you were in immediately before the failure, i . e . a working 5 year old TV by repair or replacement, or compensation for the residual expected life of the TV had it not failed . I find that most companies are pretty reasonable and if you approach is along the lines of "if you can't repair it, what can you do for me" they will try very hard to satisfy you . On the other hand, if a customer goes in shouting the odds and demanding a brand new replacement (preferably LCD) and quoting the Consumer Guarantees Act, Uncle Charlie's brother in law who used to live next door to a lawyer, or making thinly veiled threats the shutters go up pretty quickly they are likely to be offered $25 as the "residual life" value and it is hard to make progress from then on . Many years ago I had a computer replaced in the last week before a 3 year warranty expired . It had been somewhat troublesome, so the company built me a new computer in the same case that was faster and better that the original . Now that was good service! Cheers Billy 8-{)	Billy T (70)
527754	2007-02-25 02:38:00	In essence they have the right to repair if possible, replace if unrepairable with a similar value TV offering equivalent performance (not necessarily new), or refund you the purchase price less an amount for the period of use you have enjoyed . From what you say it is around 5 years old, so to be under warranty still it must have had either a very good warranty to start with, or you paid extra to extend the warranty to 5 years . They only have to restore you to the position you were in immediately before the failure, i . e . a working 5 year old TV by repair or replacement, or compensation for the residual expected life of the TV had it not failed . That is incorrect . Under the CGA, the retailer must either Repair, Replace, or Refund . Usually in that order . The manufacturer must contrinue to keep parts for their products for a reasonable perod of time (which would be in excess of 5 years), however many of them don't . This means that the retailer will usually replace the product with a new equivalent model, or they will refund the customer the purchase price . They may offer a store credit instead of a refund, but i would recommend insisting on a refund, as it gives you more choice, and stores that offer credits, often don't allow the credit to be used when you negiotiate a price or for specials . The replacement can be a refurbished unit but the customer must agree to this . The replacement however can't be a old second hand TV that has had five years of use . The CGA also states that a product should last a resonable period of time, and weighed up against things such as the price paid for the product . For a good quality TV you would be covered by the CGA for a period in excess of 5 years, despite the warrenty period you may have . Extended warrenties are a waste of money, but do offer a bit more peace of mind, especially for people who aren't assertive and don't know consumer law . I thnk the previous poster is confused with insurance claims, where depending on our insurance policy, if a TV is stolen or lost in a house fire, they only have to pay the market price for a 5 year old TV . This does not apply to the CGA	robbyp (2751)
527755	2007-02-25 02:49:00	This from the Consumer website. I bought a washing machine with a three-year warranty. One week after the warranty expired, the gearbox seized up. The shop says it's too bad. Is that right? No. Suppliers' warranties are in addition to those in the Act. "Reasonable time" as mentioned in the Act is deliberately vague, so as to give the Act flexibility. If you have used your washing machine in a normal fashion, it should not have a major breakdown after just three years, so you still have the normal redresses under the CGA. The dealer should repair the machine free of charge. Trevor :)	Trev (427)
527756	2007-02-25 02:50:00	On the other hand, if a customer goes in shouting the odds and demanding a brand new replacement (preferably LCD) and quoting the Consumer Guarantees Act, Uncle Charlie's brother in law who used to live next door to a lawyer, or making thinly veiled threats the shutters go up pretty quickly they are likely to be offered $25 as the "residual life" value and it is hard to make progress from then on . How true is that! My ex-job was dealing with disputes/complaints (but I can't elaborate further), and your comment had me laughing . Every day I dealt with people with that mind-set, and after years of it I have my own very subtle and not-so-subtle ways of dealing with those that have a holier-than-thou attitude . So, if you're reading this, and you're one of those self-important dickheads . . . just remember, what you get told on the phone, and what happens to your problem when the call is terminated are poles apart . :thumbs: AB	allblack (6574)
527757	2007-02-25 04:42:00	Sounds like the TV I got in Nov last year. Got it in Newmarket, guaranteed for 5 yrs, it broke down 6 weeks (so I thought, the screen went green) after I brought it. However, you have 14 days to return it if u want a refund. So, I couldn't go for a refund. So, it had to go to Next Electronics, so they could check it out, (under guarantee), after 2 weeks it came back (no prob with it at all). They found no fault. Turned it back on, and sure enough the screen was normal. Why it went green in the first place, is anyones guess. However, if it was found to be faulty, it would have replaced with something of the same value, but no refund.	Speedy Gonzales (78)
527758	2007-02-25 04:57:00	Sounds like the TV I got in Nov last year . Got it in Newmarket, guaranteed for 5 yrs, it broke down 6 weeks (so I thought, the screen went green) after I brought it . However, you have 14 days to return it if u want a refund . So, I couldn't go for a refund . So, it had to go to Next Electronics, so they could check it out, (under guarantee), after 2 weeks it came back (no prob with it at all) . They found no fault . Turned it back on, and sure enough the screen was normal . Why it went green in the first place, is anyones guess . However, if it was found to be faulty, it would have replaced with something of the same value, but no refund . Unless they can quickly find a problem,they will always just return it . Intermitent problems are the worst, they come and go and never occur when the technicians take it to look at it	rogerp (6864)
527759	2007-02-25 04:59:00	How true is that! My ex-job was dealing with disputes/complaints (but I can't elaborate further), and your comment had me laughing . Every day I dealt with people with that mind-set, and after years of it I have my own very subtle and not-so-subtle ways of dealing with those that have a holier-than-thou attitude . So, if you're reading this, and you're one of those self-important dickheads . . . just remember, what you get told on the phone, and what happens to your problem when the call is terminated are poles apart . :thumbs: AB The best thing is to be unemotional, and polite when dealing with retailers . LCD TVs and CRT TVs are totally different products, if your CRT TV is broken and needs replacing under warrenty, people shouldn't expect it to be replaced with an LCD TV, they will either replace it with a similar CRT or provide a refund .	rogerp (6864)
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