Faulty TV - Right to Reject

[rbarkley82]

New here hoping to get some advice.

I bought a TV on 15th April 2021. In september I noticed that the TV essentially turned off without turning back on by remote and recorded this on my phone which is backed up onto Google Photos. I never reported this to Sony. Last week (around 12th November) the TV did the same thing and this time wouldnt respond for over 25 minutes before it restarted. Several times the TV turned itself on randomly at night time (usually around 3am). I thought this was Sky Q so didnt report.

The Sony Centre sent an engineer out who then replaced the main PCB board and returned the TV. When the TV came back I noticed that the screen had now developed Shadows, the frame around the front of the TV was very loose and the casing was not fitted correctly. I informed Sony Centre that due to the TV not being fit for purpose after a repair I Reject the repair and want to return. The store stated that Sony views it as 2 repairs which I pushed back on. He said usually Sony will goto court but he would like to resolve as the store rather than the Manufacturer and he would give me a call back.

What is my postition on this... can he refuse the right to reject? I am only wanting it replaced not refunded unless he prefers that.

Thanks in advance.

Robert

[R0b]

The right to reject after a repair can only be exercised if it relates to the same issue. If the shadows weren't there prior to the PCB board replacement then you could arguably say that the defect was connected to the original problem which was the PCB board replacement. It would be up to Sony to prove that the shadow issue was an entirely separate defect and unconnected to the PCB board.

As for the loose fitting of the TV casing, potentially a grey area but you may be able to rely on the relevant provision of the Consumer Rights Act. Section 23(8) says:

In this Chapter, “repair” in relation to goods that do not conform to a contract, means making them conform.

As the TV has been returned with loose TV casing and shadows, you may be able to argue that the TV was not returned in a satisfactory state and therefore for the purposes of the CRA, s.23(8) the TV does not conform so you are entitled to reject.

Tagging
des8 any thoughts?

[rbarkley82]

Hi Rob, Thanks for the reply... yeah Im unsure if the shadows was there prior as it wasnt something I noticed until I realised the casing was loose and not fitting correctly. Im waiting for the owner of the store to call me back to see what he says.

The right to reject after a repair can only be exercised if it relates to the same issue. If the shadows weren't there prior to the PCB board replacement then you could arguably say that the defect was connected to the original problem which was the PCB board replacement. It would be up to Sony to prove that the shadow issue was an entirely separate defect and unconnected to the PCB board.

As for the loose fitting of the TV casing, potentially a grey area but you may be able to rely on the relevant provision of the Consumer Rights Act. Section 23(8) says:



As the TV has been returned with loose TV casing and shadows, you may be able to argue that the TV was not returned in a working state and therefore for the purposes of the CRA, s.23(8) the TV does not conform so you are entitled to reject.

Tagging
des8 any thoughts?

[echat11]

How did you pay?

[des8]

I'm just wondering about the time limits and who reported what to whom!
It seems the fault was not reported until after the expiry of 6 months after delivery, so was the repair carried out under
Part ! or Part 4 of CRA 2015?
Was the fault reported to the retailer who then referred it to Sony? that would mean the retailer was liable & likely Part 1 applies.
However if RBARKLEY went directly to Sony, then it would be Sony and probably Part 4 applies

[rbarkley82]

Hi All, it was the retailer I reported it to... but the retailer phoned me back and replaced the TV with the latest one that if I was buying would be £150 more to buy than what I paid.

[des8]

Thanks for the update