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Purchased a 48" LG TV from Tesco just under 3 years ago, at the weekend the picture has completely gone, sound is fine and it is turning on? Doing a quick Google search it seems to be a common problem with a strip of LEDs going on lots of them.
Tesco state warranty is only 12 months, surely you have to expect that a half decent TV should have a longer working life that 3 years? Where do i stand in trying to argue this?
It's no longer up to Tesco it is now up to the manufacturer. You have to prove it was a fault and that it should last more than 3 years but at 3 years you have a bit of challenge on.
http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act
Under eu regulations, warranty is actually up to 7 years (iirc), however there is basically a sliding scale of proof of manufacturing defect and the recompense that has to be made.
In practice this usually means that up to 2 years then the shop/manufacturer would have to prove that it wasn't a manufacturing/design defect, and after that point you would have to prove it was, and you may still incur some costs as you have had fair use to that point.
If it is a common problem, contact LG and see what they will do, you will probably get more joy from them than tesco.
The Which article says it's still the Retailer that is liable unless i've missed something??
I'd write to Tesco saying that you believe the TV was faulty at purchase. Link the to the numerous other people describing the same fault online, which suggests a design fault (present at time of purchase) rather than misuse.
Say that you are giving them a last chance to replace or repair the TV, and if they don't you will get an independent inspection and seek to recover any costs of of the inspection and repair from Tesco under the Sale Of Goods Act through the Small Claims Court.
I've done this a few times after a warranty has expired and usually get whatever it is fixed for free. Usually they want to avoid the hassle/expense of paying someone else and dealing with Small Claims Court etc..
Last item was a Panasonic TZ60 where the lens had stopped working.
I've previously got an LG TV fixed as well.
Thanks all, sound advice, will cover bases by writing to both LG and Tesco
its also worth noting that the price liability diminishes over the years, so lets say you would assume a TV has a life span of 5 years (not unreasonable), tesco's potential liability is only 2/5 of the cost of the TV (as you have had 3/5 of the life out of it)
sale of goods act is superseded by the consumer rights act.
Guarantee is whatever the manufacturer offers. This may differ from your legal rights under the act. do not confuse the two
Liability under consumer rights act is with the retailer.
~this is a good guide
http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act
If a fault develops after the first six months, the burden is on you to prove that the product was faulty at the time of delivery.
In practice, this may require some form of expert report, opinion or evidence of similar problems across the product range.
Find out more about how to return a faulty item and claim a refund, repair or replacement from a retailer.
You have six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland, and five years in Scotland.
This doesn't mean that a product has to last six years - just that you have this length of time in which to make a claim if a retailer refuses to repair or replace a faulty product.
sale of goods act is superseded by the consumer rights act.
Correct, but the TV is three years old so SoGA applies here, not the CRA.
Liability is with the retailer. SoGA states that goods must be "of satisfactory quality" and a claim can be up to six years after purchase. Would you say it's reasonable to expect a 48" big name branded TV to last more than three years? I probably would, and that's what I'd be asserting on any letter I wrote to them. I probably wouldn't be threatening court action on a first letter either, just in case they go "off you go, then."
As MSP said, you might get more joy from LG directly. Bear in mind though that you're asking them for a gesture of goodwill, they're under no legal obligations to give you anything at all.
Thanks again all..
I was in a similar position with a 3 y/o tv bought from Tesco and found their customer service excellent. We agreed quickly on £70 payment and this was bank transferred to me. Original tv was about £250 and I'd had three years of use. Would have pushed harder if they'd been awkward, but I felt it a fair offer, so I accepted it and moved on.