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Sale of Goods Act - Televison

Last post Thu, Mar 04 2010, 4:52 PM by Former Editor. 12 replies.
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  •  Thu, Mar 04 2010, 4:52 PM

    Re: Sale of Goods Act - Televison

    Great idea, huckster - more than happy to oblige.
    • Post Points: 5
  •  Thu, Mar 04 2010, 4:44 PM

    Re: Sale of Goods Act - Televison

    I think this thread is worth keeping as a pinned or sticky for 12 months as this is bound to come up again. If Graeme or one of the mods could do this, that would be useful.

    Dollarbill, if you read this, could you post which Trading standards office dealt with this.

    • Post Points: 50
  •  Thu, Mar 04 2010, 4:15 PM

    Re: Sale of Goods Act - Televison

    Brilliant - Did Dell by any chance get you to sign a secrecy agreement.? : -- )

    I would think now they have set a precedent by replacing your set, they would have rather kept the fact quiet that these particular television sets were not fit for the intended purpose for which they were purchased.!.

    • Post Points: 50
  •  Wed, Mar 03 2010, 11:54 PM

    Re: Sale of Goods Act - Televison

    Thought I would post an update,

    After getting Trading Standards involved Dell have agreed to change it. Thanks for everyones help.

    • Post Points: 50
  •  Thu, Feb 04 2010, 8:19 PM

    Re: Sale of Goods Act - Televison

    No doubt Dell would be afraid to openly admit and settle this claim as it would set a very costly precedent, in which all the affected sets may have to be upgraded or replaced.

    This situation could be used to your advantage, if you were to threaten making the issue public by involving trading standards and taking the case further (possibly court even), they may just offer you a replacement set in the hope they can silence you into keeping quiet about the problem.?

    • Post Points: 50
  •  Thu, Feb 04 2010, 8:09 PM

    Re: Sale of Goods Act - Televison

    Have a read of the manuals for the TV. Does it mention that it has a digital tuner and describe how this works ?

    If the TV was sold as being able to receive digital signals and work in the way which you would have expected. e.g. as a fully functional TV, then I think you still have a case.

    Your next step is to take advise with Consumer Direct and see if this can be looked into by trading standards.

    The reason Dell do not wish admit liability, is that there would be a lot of money at stake, if they had to replace the TV's.

    http://www.consumerdirect.gov.uk/

    I do wonder about Dell, as to whether they are still a brand known for quality. I have heard that some of their products no longer have quality components fitted and that awhile back they had to replace graphics cards in thousands of PC's, after they failed.

    • Post Points: 50
  •  Thu, Feb 04 2010, 7:58 PM

    Re: Sale of Goods Act - Televison

    Well it's certainly an admission that the set you were sold is not fully capable of outputting the correct digital signals, for which it was advertised at the point of sale, as they now admit it would need a firmware upgrade which as they describe, "as of now there is no fix release with us".

    Therefore the goods are not as described and not fit for their intended purpose, if you wish to pursue this claim you could force them into either upgrading the set. However, as they admit this cannot be currently done, then a replacement set which can fully accept as a standalone device would be the ideal acceptable solution.

    It's up yo you whether you wish to pursue on a point of principle, or accept the alternative suggestion of using a set top box instead....is it worth it to you.?

    • Post Points: 35
  •  Thu, Feb 04 2010, 7:29 PM

    Re: Sale of Goods Act - Televison

    Finally got a response from Dell as follows.

    " I am writing in response to your conversation with regard to your Dell TV system tag xxxxxx.

    Firstly, we would like to thank you for taking the time to make us aware of your experience. We are constantly looking for ways to improve our standards of service and support and any feedback we receive which helps us achieve this is most welcome.

    We regret the difficulties you have experienced in this matter and we appreciate the co-operation you have extended in allowing Dell to address this matter.

    After fully investigating the issues you have encountered, Dell has come to the following conclusion:

    Though the TV is capable of digital output, dell is yet to release the firmware which will faciliate the TV to provide digital output, as of now there is no fix release with us, hence would request you to use a external set up box to have the issue resolved.

    I regret that this may come as a disappointment to you and trust that you will understand Dell’s position on the matter."

    Quite where I go from here I do not know, its probably not worth the bother, just annoys me companys such as Dell can get away with this sort of thing.

    • Post Points: 65
  •  Tue, Jan 26 2010, 1:39 PM

    Re: Sale of Goods Act - Televison

    Most of the manufacturers of affected equipment seem to be burying their heads in the sand hoping all the complaining customers will go away!

    Good points BREWERDAVE - great link as well.

    Remember the Pink tick in the box and the HD ready logo on the TV sets we have been purchasing over the last few years ?, that was the manufacturers way of advertising to the public and giving confidence that these sets were capable and would fully comply with the new digital signals that were on the horizon, to be transmitted at a yet to be announced changeover date in the future.

    Therefore if these sets are not capable of performing what they were clearly advertised as being capable of... then it's fair to say that under the sale of goods act...the goods were, "not as described" and unfit for the purpose for what they were intended for.

    Providing the sets were purchased within the last Six years under the SOG, anyone at changeover date later discovering their set is not as was described, would have very good grounds under the act to be entitled to a full repair / upgrade or free of charge replacement set that is capable of receiving the signal as was clearly advertised at the point of sale, that it was capable of accepting.

    • Post Points: 50
  •  Tue, Jan 26 2010, 7:35 AM

    Re: Sale of Goods Act - Televison

    There are a lot of people who are already, or are going to be in this position. Many TVs (and Freeview boxes) sold between 2001 and 2007 cannot cope with the change in transmission mode from 2k to 8k after full digital switchover.

    I've found a list of affected equipment at

    http://www.ukfree.tv/fullstory.php?storyid=1107051492&irt=562903

    I suspect that this is not the total number of TVs that won't work!

    One of my digiboxes is on this list - it'll be a skip job in 7 weeks time!!

    Most of the manufacturers of affected equipment seem to be burying their heads in the sand hoping all the complaining customers will go away!

    • Post Points: 50
  •  Tue, Jan 26 2010, 12:19 AM

    Re: Sale of Goods Act - Televison

    Thanks for that, very helpful, I will contact Dell again and see if I can't get them to respond.

    • Post Points: 50
  •  Mon, Jan 25 2010, 9:32 PM

    Re: Sale of Goods Act - Televison

    When you buy goods you enter into a contract with the seller of those goods. Under the Sale of Goods Act 1979 goods must be:

    1) 'as described',

    2) 'of satisfactory quality', and

    3) 'fit for purpose' – this means both their everyday purpose, and also any specific purpose that you agreed with the seller

    Based upon the above principles, if you specifically asked would it accept digital signals and were told yes....and this fact was also advertised on the goods, then you can reasonably expect the set to be fully capable of independently accepting digial transmission, as told & was advertised on the goods at the time of sale. ( principle 3).

    The fact that digital signals were not being transmitted at the time of the sale gave you no reasonable opportunity of testing the TV's capability, therefore as these circumstances were fully outside of your control you had to take their word for this fact. I believe you have a claim that the TV is :

    1) Not fit for it's intended purchase. (although you could not reasonably test this fact, until present day).- (principle 3)

    2) Not as described, in that the set is incapable of accepting digital signals, therefore they either accept it is faulty, otherwise they leave themselves open to an accusation of misleasding advertising. - Not as described (principle 1)

    That said, you can expect heavy resistance from the retailer but if you wished to stick to your guns I believe you would have a successful claim, should this need to go to court.

    Rights under the SOG can last for up to Six years, taking account of the duration of time lapsed since the purchase in 2006, it has not been until recently when digital signals started, that you have in fact been able to test the set, therefore you were taking their word up until now that the set was capable of performing the functions for which it was purchased....this is indeed the first opportunity you have found to test the set and discovered their word is not in fact the truth...on these grounds in my view you do have a valid claim.!

    If on the other hand, you could have reasonably tested this TV set back in 2006 and had failed to do so up until now, that would be a completely different matter and your fault, in which you could fully expect your claim to be invalid as under the SOG act you did not make the retailer aware soon enough.

    • Post Points: 50
  •  Mon, Jan 25 2010, 8:39 PM

    Sale of Goods Act - Televison

    Not sure if anyone has had this problem. But in 2006 I bought a Dell LCD hd ready Television it had analogue and digital tuner. Everything was OK until the digital changeover. The television will not scan for digital channels. Therefore it is no longer a television!!

    Thinking it may be my ariel I asked a mate who has one to check his, same problem.

    So I phoned Dell support and they said, it if it can't scan for the channels I will need to buy a freeview box! but if I had bought an extended warranty they would have replaced the TV.

    Its my understanding that the sale of goods act requires Dell to be responsible for its products for up to six years, as the TV can no longer be used for the purpose that it was sold, do I have a claim?

    I have written to Dell but as is usual with this company they ignored it.!

    I know its no big deal to buy a freeview box but its the principle of the thing I bought the Dell because it had twin tuners and was HD ready, future proof I thought. A friend who bought a cheap LG at the same time has had no problems!

    • Post Points: 50