On Wed, 24 Dec 2003 18:52:40 -0000, "Fraser" wrote:

Hi All,

My 3.5 year old Toshiba 32" widescreen has died, due to a faulty picture
tube. The problem is that now and again the green gun overloads, filling the
screen with a green zig-zag pattern, then the TV shuts down. The repair shop
say this is due to a bad design in the picture tube, causing overheating.
This is a well known problem in this tube (Philips) apparently, and this
tube is no longer used in new products.

Now, my question is, can I get Toshiba to provide me with a replacement
picture tube without me having to pay for it? IMHO, the set was very very
expensive when I bought it, and a three and a half year life span is simply
unacceptable for something like this. Is there any recourse under UK law to
do this? I was thinking about going along the usual "fit for purpose" and
"merchantable quality" lines. Does anyone know of any successes/failures of
people trying to do this?

I've googled around, but couldn't see anything. I swear I read/heard
something about forcing electronics manufacturers to repair out with
warranty, but I can't remember or find the source.

Thanks in advance,

Fraser.


It isn't the manufacturer's issue directly, it is the retailer's.

Your contract of purchase is with the retailer and not the
manufacturer. The warranty is merely a convenience for both the
retailer and the manufacturer, and during that period they are
agreeing, subject to certain terms and conditions to fix problems.

The warranty does not replace your statutory rights. Goods do have to
be fit for purpose but reasonableness would be applied by the courts.
In other words, if this were a cheap Chinese TV costing £100 then if
it failed after 3 years it would probably not be worth pursuing since
you probably would not be awarded much if anything.

From a technical perspective, I would expect a CRT in a quality TV to
last a good 5 years depending on amount of use.

Given this and that the product was expensive, I think that you can
make a very reasonable case to the retailer that it needs to be
addressed at his cost. It's his problem if he wants to take that up
with the manufacturer but the buck stops with the retailer from your
perspective.

I would suggest contacting the manager of the store where you bought
the product and if need be the area manager. If you meet with
resistance, put the claim in writing and send by special delivery.

You have the option of pursuing a complaint through the Small Claims
Division of the court. This can be done as a DIY exercise. In the
context of a TV, I would not consider using a solicitor for this
because the meter will run rapidly.

Ultimately you have to decide whether the time and cost of pursuing
are justified.


..andy

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