[RESOLVED] TV out of Warranty. Do I Have Any Rights?

ahly92 on 21/08/2016 - 14:35
Last edited 12/01/2020 - 05:23 by 2 other users

Hi Ozbargain,

Tldr; My 60" plasma TV stopped turning on last week. It is 6months out of warranty. company refusing to fix

Bought the TV from the GoodGuys in 2013 with a 2 year extended warranty. 2 weeks before the expiry of the extended warranty (mid Feb) the same issue arose… technician came and changed over the WiFi dongle and connector pannal (for the HDMI and antenna)

Now 6 months after expiry of extended warranty, the TV stopped turning on with red light blinking…(looked up the issue and seems like it is a global problem with a faulty capacitor). Decided to try and turn it on yesterday and it cut the electricity and sparks and smoke came from the panel

Now I called up GoodGuys headquarters and they told me as its out if warranty, they can't help me. Said u should've bought the 5 year extended warranty

Called up ACCC and they said GG are wrong and are obliged to fix as it is within reasonable time-frame

Called back GoodGuys..spoke to manger there and he said contact store manager and tell him ur right under law

Contacted store manager told me basically tough luck and the ACCC can't do anything…told me to contact Samsung as they are the one responsible

Contacted Samsung and again said we can't help u…after argument they agreed to send out a tech on Tuesday to have a look…if it is my fault(not sure how) then we pay for the call out if it is deemed their fault then they will repair it.

Please I seem to be lost. Not sure if I have any rights… preferred to go through GG but they didn't budge. Any advice or previous cases would help
Cheers

UPDATE
The tech guy came and replaced the power-board, It was cooked.
He said if another issue arises to call up and thy'll fix it. Thanks to all that contributed :)
Maybe mods can put this page in Wiki for future reference?

UPDATE 2
I was told by the tech guy that all Samsung TV's have 5 year statutory warranty (including the 1 year manufacturer warranty). As long as the parts are available they will repair the TV, If the parts are not available they will replace the TV

Poll Options

  • 111
    They are obliged to fix the issue
  • 26
    Tough luck
Electrical & Electronics Warranty

Comments

    • ahly92 on 21/08/2016 - 14:48
      +7

      I thought we had Statutory warranty under the law?

    • mskeggs on 21/08/2016 - 14:52
      +27

      Why are you posting incorrect info? Australian Consumer Law is clear in its application here. A merchant must repair or replace a faulty item if it fails within a reasonable period after purchase. Since they sold a 3 year warranty, they clearly believe it will last that long. 3yrs and 6 months is a reasonable time frame to expect it to last on that basis.

      • Axelstrife on 21/08/2016 - 14:55
        +5

        wow cheers for the info i never knew about this.
        always thought out of warranty meant just that unless it's like a few weeks not 6 months.

        • mskeggs on 21/08/2016 - 15:01
          +7

          Depends on what is reasonable. If I buy a $20 set of headphones and they break after 18 months, that might be a reasonable life span.
          If I spend $1000 on a TV and it failed after 4 years I would think that is way to short a life span, especially if I payed for a 3 year warranty!

        • Axelstrife on 21/08/2016 - 15:07
          +2

          @mskeggs: https://www.accc.gov.au/system/files/Warranties%20and%20refu…

          just had a read of this,the statutory part.
          will keep this in mind in case my new tv which i bought 3years extended warranty for has problems just out of warranty.

        • Scrooge McDuck on 22/08/2016 - 14:24
          +2

          @mskeggs:

          But what or who determines what is "reasonable"?

          o_0

        • Typical16-bitEnjoyer on 22/08/2016 - 21:10
          +1

          @Scrooge McDuck: Exactly. That's the problem with the new laws. One person might expect a TV to last them 10 years. Another person might expect 3 years to be reasonable. No one knows.

        • StewBalls on 22/08/2016 - 21:18

          @zeggie: That's why we have statutory bodies to arbitrate this shit…

        • Zachary on 23/08/2016 - 01:45

          @mskeggs: Oh didn't know there was a case where I could do that…alright how reasonable is it to fix up a $115 mouse that is 1 year out of warranty now? I did try before when it broke at around 3 or so months after warranty expired….and they said nope.

        • mskeggs on 23/08/2016 - 07:20
          +1

          @Scrooge McDuck:
          Ultimately, and administrative tribunal or the courts, should you take it that far.

        • mskeggs on 23/08/2016 - 07:28
          +8

          @zeggie:
          Everyone knows what is very reasonable or very unreasonable.
          1 day after warranty ended is clearly reasonable. 25 years after warranty end is clearly unreasonable.
          By wording it as reasonable, the vendor must decide whether they could mount a convincing argument the timeframe is unreasonable.
          Similarly, if a customer is going to pursue an issue, they must consider whether their claim is reasonable.
          If you personally feel anything after warranty is unreasonable, the stores will love you, but you could likely get a better outcome.

          The most famous case was Apple selling iphones on a 2 year plan with a 1 year warranty. They couldn't argue that they expected the devices to die soon after 12 months, or selling the 2yr plan was misleading, so they now must honour at least a 2 year life as routine (and I would suggest you could easily expect warranty service up to 2.5 years with the same argument).

          Wording it as "reasonable" gives a good outcome for everyone, with higher value stuff generally having a longer expectation of service. Consider what would happen to the $2 shop if the law instead said everything must last a minimum of 24 months. They would have to dump half their product lines and only sell more expensive, durable items.
          If you buy a $2 screwdriver that breaks after half a dozen uses, it is going to be hard to argue you received unreasonable value.

        • smpantsonfire on 23/08/2016 - 09:20

          @mskeggs:

          Good post. +1

        • nikey2k27 on 23/08/2016 - 09:42

          @Scrooge McDuck: Labor badly done law they should just put in 2 years.

        • mskeggs on 23/08/2016 - 09:47

          @nikey2k27:
          How is that satisfactory? If my iphone dies 2 years and one day after purchase due to faulty workmanship, I very much expect Apple to make it right.
          On the other hand, if I need a plastic container for a picnic, I would much prefer to pay $2 for that use than pay more for one that is sturdy enough to last 2 years.

        • nikey2k27 on 23/08/2016 - 09:49

          @mskeggs: left gray that bad for customer then you have fight with big company over your rights.

        • mskeggs on 23/08/2016 - 09:54

          @nikey2k27:
          Sure, you have to press your rights, but imagine writing laws that could be applied to every single product fairly. Talk about big government! It would be incredibly difficult to cover every separate item sensibly, e.g. is the life of a $299 Haier fridge the same as a $2000 Fisher & Paykel? And consider that companies already deny legitimate claims (see ACCC action against Harvey Norman for not honouring warranties), so they will continue to attempt to deny claims, no matter what the law says.
          You can open a complaint online for free in NSW with Fair Trading, I would be surprised if the process was dramatically harder in other states.

        • Typical16-bitEnjoyer on 23/08/2016 - 18:43

          @mskeggs:

          It's when things fail in the 2-4 year mark where things get tricky. It should be clear cut. We can catagorize and classify offences and crimes into ranges of years, why not do similar with warranty? Joe Bloggs shouldn't have to go to VCAT or equiv. tribunal when his 3 year 6 month old TV worth $1900 died.

          Obviously I wasnt referring to 25 years out of warranty. Straw man argument.

        • mskeggs on 23/08/2016 - 18:55

          @zeggie:
          So if a $159 Kogan TV dies after 3.5yr is that unreasonable? Or if a $7k curved screen TV dies after 4yrs, is that unreasonable?
          I have different expectations for the same item depending on the cost and brand.
          If a law said TV lifespan is a minimum of 4 years (for example), then the cheapest TVs would see a price rise, and many of the costlier ones would see a quality decrease.
          If you have a failure that you believe is unreasonable, you can open a complaint with Fair Trading (for free and online, at least in NSW). The Fair Trading people will take a look. If it is clearly somebody trying something unreasonable, they will advise that opinion. If it is reasonable, they will contact the retailer.
          A retailer attempting to decline service after the customer and Fair Trading thought service was justified will struggle to sustain their case in the AAT/VCAT, and they know this, which is why very few cases ever get there.

          Trying to legislate a fair life expectancy would be a huge and ever changing job, and we don't need laws to be so specific.

        • simulacrum on 24/08/2016 - 11:45

          @Axelstrife: extended warranties are a waste of money in Australia because you're protected by the ACL for as long as you can reasonably expect the product to last.

        • simulacrum on 24/08/2016 - 11:49

          @nikey2k27: It depends on the product surely. A $5 toothbrush will not last as long as a $20,000 dollar piece of electronics. That's why the reasonableness test was put in. Its a fairly common test in all sorts of legislation.

          BTW this isn't about "reasonable amount of time after the expiry of the warranty", as some people are suggesting.. It's that there simply is a statutory obligation that the product should last for the amount of time it can reasonably be expected to last based on the price and description, regardless of what warranty the manufacturer or retailer offer.

        • [Deactivated] on 25/08/2016 - 13:03

          @mskeggs: Good comment.
          I'm just thinking, what about a car? Say I buy a BMW with 3-years warranty/100,000KM. Let's say after 3 years, my car broke down (mechanical breakdown), with only 15,000km. It's sound like a very reasonable case that it should still be under warranty isn't it?

          If it isn't, how about if the car is framed under a 5-year lease? Shouldn't the lease company be able to expect the car to work at least 5 years?

          In fact, shouldn't car owner be able to reasonably expect their cars to work until 10 years or 100,000km at least?

          Thanks

      • Skinnerr on 28/08/2016 - 10:09

        @mskeggs:

        A merchant must repair or replace a faulty item if it fails within a reasonable period after purchase.

        Nah, are you serious? Mate I bought an ipod 3rd gen in '08 or '09 for about $400 from jb-hifi in bourke st. I kid you not 1 month after the 12 month warrnty expired, apple forced some update in itunes and the ipod bricked. I went to jb and they told me I needed to go to apple, went to an apple reseller which at the time I thought was 'apple' but was just a retail shop, they told me I need to go back to the retailer. I had my receipts and cried foul but at the end of the day I got nothing but a $400 paperweight. I even took it to one the numerous phone repair shops that popped up and even they couldnt fix it. I so soured by that experience I vowed never to consider apple 1st again. Im not saying you're lying but I cant believe that you're saying I couldve somehow else challenged the warranty claim to work in my favour.

        • McFly on 28/08/2016 - 12:21

          So did you actually go back to Apple (the 'real' one?)

        • Skinnerr on 28/08/2016 - 12:49

          @McFly: Nope :( There was no genius bar at the time (or if there was I didnt know about it) so I just foamed at the mouth and bottled it.

        • pjcook on 06/09/2016 - 08:24

          @thedude23: Self inflicted wound mate, I had the same thing happen to me, a single call to apple had a replacement device sent to me with no drama at all.

  • mskeggs on 21/08/2016 - 14:50
    +16

    You should probably open a complaint with your state's Fair Trading or equivalent.
    The substance of your complaint is the vendor sold you a device with a 3 year warranty, and it failed very soon after that period. The vendor is responsible to repair or replace items that fail within a reasonable period. Six months after the warranty expired is a reasonable period.
    Do not deal with Samsung, this is the Good Guys issue, and you should identify them in the complaint.

    • spackbace on 21/08/2016 - 14:58
      +1

      Do not deal with Samsung, this is the Good Guys issue, and you should identify them in the complaint.

      Plus the extended warranty isn't from Samsung themselves.

      But op has an appointment with a Samsung tech already.. Why not wait till he's handed down his verdict?

    • whooah1979 on 22/08/2016 - 17:54
      +3

      Six months after the warranty expired is a reasonable period.

      the warranty has expired by 16.7% beyond the total warranty period.

      "within reasonable time-frame" is the most idiotic way to measure time. when does a reasonable time-frame finish? 10%, 15%, 20% or more beyond the total warranty period.

      How long is ‘reasonable’ will depend on the type of product.

      what does it even mean? who decides which item gets a short or longer reasonable time-frame.
      http://www.fairtrading.nsw.gov.au/ftw/Consumers/Consumer_gua…

      • DarwinBoy on 22/08/2016 - 22:08
        +1

        Also. If you didn't purchase an extended warranty and therefore this happened 30 months out of warranty rather than 6 would this affect the claim? Are extended warranties more a form of an insurance on the goods guarenteeing you quick fix/replacement?

    • bluesky on 23/08/2016 - 23:09

      I have no experience in this. Sorry if it is a noob question. In this thread and others like it, OZB members always advise contacting either Office of Fair Trading, or ACCC.

      • Does it matter which should be contacted?
      • Are there circumstances/considerations which will make one a better alternative than the other?
      • How are they different?

      Many thanks for any info/feedback.

  • ahly92 on 21/08/2016 - 15:06
    +1

    Thanks for the reply all…I'll try and write one tonight. Though it will prob drag on if i take this option.

    I'll see what the Tech guy says. If I have to pay him then I'll include this in the complaint for compensation. Though was really taken back by the treatment by GG. Even if they resolve the issue ill write the letter

    • ahoihoi on 21/08/2016 - 17:38

      How much did you buy the TV for?

      Got a bunch of this issue before. Essentially what it comes back to is. Yes the manufacturer/retailer is at fault. But at the end of the day, waste more money and stress trying to argue with them.

      What model did you get?

      Also try not to get plasma or OLED TV. They are not that reliable. LCD is really reliable. If you want to get a product that last, don't get the bottom run model. Also, I've got more luck with Sony rather than LG or Samsung.

      Worse case scenario, would be good to just get a replacement TV at a good discount from them. (Off of the market price and not the retail price). - 3 years is a tad short life for a TV…

      Also, might be good to write to ACCC, the minister of commerce, saying how disappointed you are of how the statuary/fair practice not being honoured/followed.

      Edit: for sure try to contact the manufacturer if you had not done so already. Best of luck!

      • ahly92 on 21/08/2016 - 18:30
        +2

        Thanks for the advice will do :)
        The TV is Samsung PS60E8000GM. Bought for $1700 (after discounts) Yeah realised the issue with Plasma a bit too late.

        • Rick Sanchez on 22/08/2016 - 13:45
          +1

          Really curious what the outcome is, please make sure to update us! :)

      • DarwinBoy on 22/08/2016 - 22:15

        I have a Panasonic plasma now going 6 years. It's been put through its paces. The remote lasted about 4 but apart from that I can't fault it.
        You have a good point in that you get what you pay for but these days nothing is designed to last.

        • ahoihoi on 23/08/2016 - 16:46

          Used to have one of those early-gen plasma beautiful colour redention, but poor contrast. Lasted about 6 years. But it was rarely used. Just one day suddenly refused to turn on.

          Got early gen lcd TV (bought at the same time). Still last until about 2 years ago when I throw it away. (none of my Lcd TV/monitor ever die before I just need-to/feel-like replacing it /obsolete).

          I agree though. Nothing seems to be designed/made to last anymore. Shorter and shorter life cycle.

      • Wraith on 23/08/2016 - 18:08

        My Hitachi Plasma TV is 10 years old, now. It's beautiful. My only complaints are that HDMI was pretty new 10 years ago, and it only came with 2 HDMI ports, and one of those is taken up with a Set Top Box, as it doesn't have a digital tuner.

        But the screen/display itself? Still going strong!

        It was nearly $4,000 in its day. Maybe that's a part of the reason it is lasting so long.

        • McFly on 23/08/2016 - 22:41

          Sounds like my parents' setup.
          I think theirs would be more like 15 years old, but it doesn't get used much.

  • [Deactivated] on 21/08/2016 - 15:23
    +8

    Ok dude, this is simple. Just contact the manufacturer. I came back from holiday and my Samsung Plasma had a big line down the middle of the screen. The TV was 4 years old, with no extended warranty. Samsung replaced it with a brand new 4K TV within the week.

    • ahly92 on 21/08/2016 - 15:31

      Did they not say it is out of warranty? What did u tell them… Did they say u'll pay if it was ur fault?

      You got my hopes up Cheers :)

      • [Deactivated] on 21/08/2016 - 15:53
        +6

        They are obliged to repair your TV under Australian consumer law. They can't reject your claim if the TV fails of its own accord. I just rung them up and told them what happened, they sent a tech out, he wrote a report, and they sent out a new TV for me.

        • ahly92 on 21/08/2016 - 15:56
          +1

          Thanks mate, will call Samsung on Monday to make sure I'm not charged :)

  • Lenka on 21/08/2016 - 15:53
    +17

    Our Samsung also died a month ago, it was 3 years old (with a 6mth warranty??!!) - i contacted Samsung, they said they will send out a repair man for free. Repair man took the tv, called back a week later stating there are no parts available - Samsung called me back and gave us 3 options. 1 replacement tv, full refund or samsung store credit - we took the full $3099 refund and bought another brand new tv which is 10" bigger!

    • ahly92 on 21/08/2016 - 15:55
      +2

      Thanks for the info..Well done :)

    • runtoparadise on 22/08/2016 - 11:44
      +3

      Same with me. My 3.5year old Samsung 50" plasma developed a blue line of pixels. Went straight through Samsung and they sent out a tech to confirm and then offered a 4k LCD replacement (worth twice ($1300) what I paid for my plasma new $650).

      Didn't even get any pushback from Samsung, in fact they were really really good to deal with. Only praises for them.

    • fredcoy on 22/08/2016 - 11:58

      Good on you. I'd assume this policy is for white goods also?

      • Euphemistic on 22/08/2016 - 16:02
        +8

        It's different with white goods. When you get the Samsung tech out, he denies the pile of molten metal was actually a Samsung in the first place.

  • RockyRaccoon on 21/08/2016 - 15:58
    +1

    So what constitutes "your" fault and What is "their" fault.

    To me "your" fault would be you sat on remote, dropped Set etc.

    "their" fault is a component part died

    Thoughts?

    • [Deactivated] on 21/08/2016 - 16:01
      +6

      Are you serious? This actually requires an explanation?

      • RockyRaccoon on 22/08/2016 - 02:13

        The OP says

        Contacted Samsung and again said we can't help u…after argument they agreed to send out a tech on Tuesday to have a look…if it is my fault(not sure how) then we pay for the call out if it is deemed their fault then they will repair it.

        My point is if the unit failed, unless the OP did something to it, how can it be the OP's fault?

        Sounds like the Samsung CR person is trying to save face for initially refusing to send out a tech.

        • gromit on 22/08/2016 - 13:15
          +5

          power surge, moisture, buildup or dirt or dust, heat etc etc, all sorts of things that can kill an electrical device that woul dbe considered your fault and not a manufacturing issue.

        • [Deactivated] on 22/08/2016 - 21:46

          @gromit: My first thought was water damage. You'd be suprised how many computers I've repaired with stuff like OJ or Coke in them, maybe the TV repair guys are more technical.

    • ahly92 on 22/08/2016 - 23:37

      yeah..i'll make sure I remove all electronics that are connected to it just to be on the safe side

  • Savas on 21/08/2016 - 16:40
    +3

    Yes, the Universal Declaration of Human Rights would still apply.

  • poboy on 21/08/2016 - 17:13
    +4

    This thread is a roller coaster of good and bad advice.

  • Nutrino on 21/08/2016 - 18:29
    +1

    "Reasonable period", let's ask the next 10 people and ask them what a reasonable period/time is then.

  • aussieprepper on 22/08/2016 - 04:29

    Samsung quality! They make capacitors them selves but I wonder what brand they used on the TV.

    Nothing wrong with plasmas lots of them last well over 10 years.

    • smpantsonfire on 23/08/2016 - 09:25

      Yes my Samsung plasma 50" is going on 10 this year. Sadly that's a third of my life now. :(

      • McFly on 23/08/2016 - 22:42

        Wish 10 was a third of my life!

  • tims on 22/08/2016 - 08:16
    +1

    Unless extended warranty's cover other mishaps (power spikes etc) that may cause appliances to fail prematurely, why are retailers allowed to sell extended warranty's if these are covered fair trading laws?
    An extended warranty's is an easy way for retailers to make money as I bet most buyers don't know their rights under Australian consumer law.
    My experience is that the retailer makes it as difficult as possible for consumers to claim under fair trading laws (not replying to phone calls or emails, lying about consumer rights etc) and a lot of people just give up out of frustration of not getting anywhere.

    • smpantsonfire on 23/08/2016 - 09:26

      Some warranties are hassle free replace on the spot policies. Best option I think.

    • McFly on 23/08/2016 - 22:43

      Yeah, should be called 'extended insurance' really.

  • pjcook on 22/08/2016 - 08:46
    +2

    3 years old for a $1700.00 TV is not an unreasonable time to expect it to work without failing. Seems to me you have a legitimate claim under ACL. See what Samsung tech says but your complaint is actually with The Good Guys as they sold it to you.

    • Kangal on 22/08/2016 - 21:29
      +3

      Agreed.
      I would say upto 5 years is a reasonable time for a TV to work without issues.
      So 3 years is definitely reasonable.

      And on top of that the OP:
      - Paid for extended warranty.
      - Had issues with the unit during warranty period.

      As others have stated already, this is a issue between the customer and The Good Guys.
      But since Samsung agreed for an appointment, the logical way forward is to see what Samsung says.
      If Samsung refuses, its okay, go back to TGG and state your case.
      If they refuse to help, officially involve ACCC/Ombudsman.

  • jhmtaylor on 22/08/2016 - 09:43
    +3

    Write to Samsung, explain the problem and give them a further a further 21 days to fix the problem. Explain that if no action after after 21 days you will commence legal action in the small claims court under Australian Consumer Law. Small claims process is less formal than other courts, no need for lawyers. If they don't react, issue the summons. When their lawyers receive the summons the advice to Samsung will be it will cost you $4000 to defend the complaint, they cant recover the legal fees from you and they will probably lose in any case.

    • pjcook on 23/08/2016 - 07:27
      +1

      Contract is not with Samsung. Good Guys have to respond.

      • jhmtaylor on 24/08/2016 - 08:15
        -2

        You dont need a contract, the manufacturer/importer is equally liable under ACL.

  • mahazza on 22/08/2016 - 10:27
    +1

    Sounds like the last repair was only 6 months ago. Is that right? Keep pushing on this point. You should ask for a replacement or refund at this stage, it's a dud and I doubt you would have bought it if you had known this beforehand. Keep following the advice of your Fair Trading dept.

  • shaiguy on 22/08/2016 - 10:28
    +1

    Heya - I have had stuff fixed for free out of warranty. I am going to give a shoutout to Sharp. I think the turntable for my microwave convection oven stopped working after 3.5 years or so. I brought to warranty place and told them it would be reasonable to expect that it would be still functioning fine during this period and it was not caused by me - i.e. I could not have broken it as I cannot even reach the mechanical part. They were fine and just fixed it.

  • Wallyt99 on 22/08/2016 - 11:02

    I'd prolly side with TGG here depending on if it was over 3 years or under.

    Products must be fit fir purpose and merchantable quality… They dont have to last forever.

    Price is an issue too. For me: <$1000 12-18 months <$3000 3 years $3000+ 3-5 years.

    We dont know the history of the product either - maybe it was used in a nightclub; or on a back porch; You gotta be fair on the manufacturer too. Nothing lssts forever.

    • smpantsonfire on 23/08/2016 - 09:27
      +2

      You're crazy man. For a tv, it's at least 1000-5000 for 5 years

  • dlakers3peat on 22/08/2016 - 11:12
    +1

    I bought a 65 " samsung plasma TV from JB Hifi that was 6 months out of warranty and Samung replaced it for free no questions asked. i had no extended warranty or anything.

    • kingmw on 22/08/2016 - 19:55

      Was your TV only 18 months old? That is quite different from a 3.5 year old TV.

  • Big Trev on 22/08/2016 - 11:21
    +1

    After making the mistake some years ago of dealing with a manufacturer on a warranty claim, my recommendation is to absolutely deal with the retailer themselves. They sold it, it's up to them to make good. And they're generally easier to get a hold of - you can physically walk in there to talk to someone.

  • Olokun on 22/08/2016 - 11:29
    +3

    JB HiFi make a great Refunds and Warranty Pamphlet which in my opinion will give you the best 'indication' of your rights/expectations short of getting a ruling on your matter from a court/tribunal. Have a look at page 4 which lays out the minimum period based on price paid.

    • ahly92 on 22/08/2016 - 23:39

      thanks for the info :)

  • [Deactivated] on 22/08/2016 - 12:55
    -2

    I don't understand the problem. Samsung have agreed to send a tech out?

    I don't mean to be rude, but what's the point of this thread? GG have no obligation to help you out, it's the manufacturer if you're claiming statutory warranty (which it sounds like they're going to honour.)

    • surm on 22/08/2016 - 13:19
      +4

      Products

      You can claim a remedy from the retailer if the products do not meet any one or more of the consumer guarantees, with the exception of availability of spare parts and repair facilities.

      The remedies you can seek from the retailer who sold you the product include a repair, replacement, or refund and in some cases compensation for damages and loss.

      The retailer cannot refuse to help you by sending you to the manufacturer or importer.

      You can approach the manufacturer or importer directly, however, you cannot demand that a manufacturer or importer provide you with a repair, replacement or refund. You are only entitled to recover costs from them, which includes an amount for reduction in the product’s value and in some cases compensation for damages or loss.

      You can claim a remedy directly from the manufacturer or importer if the goods do not meet one or more of the following consumer guarantees:
      •acceptable quality
      •matching description
      •any extra promises made about such things like performance, condition and quality
      •repairs and spare parts.

      The manufacturer is responsible for ensuring that spare parts and repair facilities (a place that can fix the consumer’s goods) are available for a reasonable time after purchase unless you were told otherwise. How long is ‘reasonable’ will depend on the type of product.

      http://www.fairtrading.nsw.gov.au/ftw/Consumers/Consumer_gua…?

      Extended warranties or care packages

      Retailers sometimes offer to sell you an extended warranty or care package to extend the length of time of the manufacturer’s warranty. Some may tell you that an extended warranty provides extra protections you wouldn’t usually get. This isn’t necessarily true, as you automatically have consumer guarantees that suppliers must comply with, regardless of what they say or any warranties they offer.

      You don’t have to buy an extended warranty – it is optional.

      Suppliers risk breaching the law if they:
      •put undue pressure on you or use unfair tactics to get you to buy an extended warranty
      •mislead you into paying for the rights that you already have under the consumer guarantees.

      https://www.accc.gov.au/consumers/consumer-rights-guarantees…

      • [Deactivated] on 22/08/2016 - 13:31

        Well I stand corrected (but it seems to be unnecessarily onerous a responsibility to put upon the retailer, as they're only going to be a proxy between the manufacturer and yourself anyway.)

        I still don't understand what OP wants though, as it sounds like Samsung are coming to the party?

        • surm on 22/08/2016 - 13:37
          +2

          but it seems to be unnecessarily onerous a responsibility to put upon the retailer

          IIRC, the retailer is deemed responsible because the retailer
          1. Agrees to the product quality claims of the manufacturers/importers, by selling their products
          2. Makes a profit when consumers purchase goods believing the manufacturers'/importers' quality claims

  • Minotaur on 22/08/2016 - 13:13
    +3

    Samsung are generally pretty good with out-of-warranty stuff if it's a known issue.

    • Jim au on 23/08/2016 - 00:21

      Totally agree with you, I had a new replacement for my Samsung TV(UA65HU9000W) remote control and I was already out of warranty by 10 months(Even though I took me an hour talking with them for the troubleshooting but at the end the give a new one)

  • Scrooge McDuck on 22/08/2016 - 14:16

    tl;dr is tl;dr

  • Kempe on 22/08/2016 - 16:47
    +1

    As already said do not contact Samsung the issue belongs with the Good Guys.
    Make sure everything is in writing and if they do accept it get in writing how long the time frame is to fix if they are not replacing.

    What I'm saying is if the refuse to replace and want to fix they cannot drag it out to piss you off, get it in writing what a "reasonable" time frame is

  • [Deactivated] on 22/08/2016 - 16:56
    +1

    I don't mean to belittle your case but I just want to point out that Plasma is quite old and power-hungry technology (and unreliable due to the heat that generates) and even though the picture quality is amazing, it's probably not the best option, even for 2013.

    I hope you get it sorted out

    • Kempe on 22/08/2016 - 21:47
      +2

      I have a 50" plasma and have no intention of getting rid of it, it is not power hungry nor unreliable and the picture beats an LCD any day of the week.
      Like Beta losing to VHS, Plasma losing to LCD is just wrong
      Plasma FTW

      • DarwinBoy on 22/08/2016 - 22:23
        +1

        My 50" panasonic plasma is 6 years and going strong. When it goes I think I will have to hold a memorial service in tribute to its loyal service.
        I see similar models on gumtree for far far less than what I paid and wonder if I should grab one as a spare to have when mine dies.

        • UFO on 23/08/2016 - 10:23

          Yep… I have a 50" Panasonic plasma. Terrific unit, not one issue in 7 years!

          I still don't understand how Samsung have developed themselves into such a big brand name. I've always regarded them as the next step down from the big brands (ie Samsung = LG, Panasonic = Sony). I've tried to jump onboard because of their competitive pricing (bought a 32" Samsung LCD), but their product is crap. I hate my Samsung TV :(.

          I know my rant has gone on a tangent… but since someone mentioned Panasonic Plasma TV's I thought I'd mention brand reliability. I don't believe Samsung has the longevity that Panasonic does, Not even close.

      • [Deactivated] on 22/08/2016 - 22:56

        LCD isn't great, but LED and OLED is almost on par for a fraction of the power bill.

        • UFO on 23/08/2016 - 10:24

          Meh.

          More expensive running costs vs cheaper initial outlay.
          The difference is hundreds of dollars either way you go.

          For a second TV seldom used in the games room or something, I'd still get a big screen plasma today vs a much more expensive LED or OLED.

  • zoombie on 22/08/2016 - 17:17
    +3

    At what point does it becomes "unreasonable" time frame? 12 months ? 8 months?
    The OP TL;DR is somewhat misleading. It said its 6 months out of warranty but technically that's not true. It is 6 months out of the extended warranty that he/she purchased extra. What if no extended warranty was purchased, could the OP still pursuit the company under the "reasonable" time frame?
    What if the OP purchased 5 years warranty, and the part failed 6 months after that expired? Is that still reasonable?
    Extended warranty is an insurance policy should the part failed within that time frame. It is not the same as the manufacturer guaranteeing that the products should last 3 or 5 years thus if it fail 6 months after the 3 years period then it is "reasonable" for the manufacturer/vendor to pick up the tab.
    I'm not arguing whether it is right for the OP to pursuit this matter, I'm just pointing out the absurdity in the way the law is written.

  • whooah1979 on 22/08/2016 - 17:28
    -3

    TV out of warranty. Do I have any rights?

    no. the accc is wrong.

  • Bnjam3 on 22/08/2016 - 19:38
    +1

    Be nice with tech and your problem is solved. Cold beer should do.

  • t_c on 22/08/2016 - 20:39
    +1

    Jinxed me, my Samsung 32" lcd just started playing up, wierd red silhouette type lines everywhere.

  • ahly92 on 22/08/2016 - 21:34

    WOW didn't think this will become such a healthy debate!
    Thanks for all that contributed and those that offered assistance via private message. Very grateful.

    As mentioned, the tech guy is coming tomorrow. I will post back the outcome to keep u all informed (and future ozbargainers who might be in similar situations)

    Cheers

  • pn09 on 22/08/2016 - 22:17
    +4

    5 years for a TV is reasonable and what Samsung tend to use for statutory warranty claims.

    Also when they give you a replacement it is covered by a statutory warranty (as per ACL) so your 5 years effectively starts again.

    As said by others already, the Samsung tech will review the issue and report back to Samsung on options. They will then give you options on next steps.

    As TV is 3 years old the $ back is often quite low as they reduce it (depreciate) per year of age, so I'd take the replacement option - assuming you just want a working TV. Like for like (or next level up if your TV no longer exists in it's size/spec) so you should get comparable or better as specs etc tend to improve with each model year.

    We got a 58" Samsung full HD plasma in 2010. In 2013 it died and Samsung replaced it with a 64" full HD plasma. In 2015 it started playing up and the part that needed to be replaced was prohibitively expensive so they offered another replacement and gave us a 65" 4K LCD. Touch wood that is fine but it is reassuring to know it is covered by 5 years from when they gave it to us.

    When you speak to Samsung just mention that "I understand that under the Australian Consumer Law my TV should be covered by the statutory warranty as it is only just over 3 years old and a TV should last at least 5 years". Also ask for the name of the people you speak to, and keep a log of the names and dates so that you can refer to them. They are good with warranties but some of their staff are a bit random so best to keep a record of what you discuss in case what they note down on their system is inaccurate. If any issues arise just ask them to review their recording of the date and refer to the person you spoke to.

    • ahly92 on 22/08/2016 - 22:43
      +2

      Thanks sooooooo much for this response. Very helpful (if only I can + more than 1!)
      I will make an excel sheet now and will remember to take the details of the tech guy too :)

      Really hope this post helps others out who may find themselves in similar situations.
      Cheers

  • Parentheses on 23/08/2016 - 00:09
    +2

    As someone who has sold TVs in the past, the 5 years people have mentioned is not vendor specific or a guideline, it is a cold hard fact from the ACCC and well established in court precedent. Any TV sold new by an Australian retailer comes with a 5 year statutory warranty, no exceptions.

    Which means anybody who bought an extended warranty that didn't take it out further was ripped off.

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