Well I have to say that if I had paid $9k or so for a TV
I would want it to be bloody perfect, that is for sure.
And that is what you are legally entitled to.
Unfortunately many purchases dont understand the
difference between the merchantable quality and fit for
purpose sections of the FTA and the warranty provisions
and dont realise that if it isnt perfect out of the box,
you should put the boot in immediately, not put up
with the defect and get it repaired under warranty.
That can be a bit hard with a shiny new toy, in spades
when it isnt perfect out of the box, but its well worth it
for minimum hassles because not only are you dealing
with the retailer rather than the manufacturer or service
agent, you have that very powerful weapon of being
able to demand and get a full refund at that time.
If it wasn't then I would be back at the retailer at the
first opportunity wanting a replacement or refund.
Yeah, me too. And since I have normally ensured that
its one of the best prices around with something that
expensive, I would normally demand one that doesnt
have the defect and if they all do, demand a refund.
The reason I wonder what the actual fault is,
Yeah, he has been suspiciously quiet about that.
is because from my reading of the act an item has to be
faulty under certain guidelines such as a broad "defective",
not fit for the purpose, not of merchantable quality
etc, for refund or replacement.
Correct. And the most important thing is that the defect
has to have been there out of the box, not something
that shows up later after its been used for a while.
The merchantable quality and fitness for purpose also covers
goods that dont manage what they are intended to be used
for without failing much earlier than they should have.
And if it needs to be repaired much too often, its clearly
not of merchantable quality either and the customer can
choose to accept either a full refund or a replacement with
another item which doesnt fail at that unaccepible rate.
This makes me wonder out loud whether it was a fault he had
been aware of at the time of purchase, but later found annoying.
He appeared to be saying in his original that it wasnt a major
problem and that he was prepared to live with it until he could
organise a repair that meant he wouldnt be without it for long.