Costco Refusing to Help Me with My Faulty TV (Philips TV Purchased for $1900 3.5 Years Ago)

Hey guys not sure where to go with this issue.

TL;dr :
3.5 year old $1900 Philips TV is faulty, can't get through to Philips TV warranty Department because they don't sell TVs anymore. Costco refusing to help me get it repaired or swapped over, due to being out of warranty period. What to do?

Long version:

Purchased a 65" TV from Costco about 3.5 years ago for $1900.

It's faulty, the first HDMI port (only one that supports 4k 60fps, ARC and HDR) comes up as colourful static when I turn the TV on, and have to unplug the TV from the power point to get it to work again.

Was told by Costco to get a reference number from the manufacturer, but it's a Philips TV and they don't sell TVs anymore, and their TV warranty department is closed down for the foreseeable future.

Went back to Costco and they're saying that they're 'not a retailer, but a wholesaler' so they can't get it repaired out of warranty period. And to find a retailer? And get them to fix it for me. Sounds weird to me but it's what I was told.

Anyway I've gone to the ACCC but ATM they're really busy and will take 15 business days to respond.

Any advice from you guys? Thank you.

Related Stores

Costco Wholesale
Costco Wholesale

Comments

  • +4

    Your best best is to insist you get your money refunded under their satisfaction guarantee.
    Costco's Return Policy for Change of Mind*
    We promise that, should you change your mind for any reason regarding the purchase of any merchandise, we’ll refund the purchase price at any time, with the exception of the items listed below*.
    *EXCEPTIONS
    Certain Electronic goods (purchased on or after [August 31st 2020])

    • +2

      Yeah I am pretty sure OP can't be refused under the satisfaction guarantee. Anyone won't be satisfied when their TV broke down regardless of its price so that alone is enough.

    • +2

      Totally agree, this is what OP should be doing, using the satisfaction guarantee and getting their money back. NOT trying to get the tv "repaired or swapped over".

      I bought a mobile phone from them which ended up breaking, took it back to costco to get it repaired, but they refused, saying they don't do that, but reading between the lines from the customer service staff, they were trying to lead the conversation to the satisfaction guarantee, as soon as I mentioned "satisfaction guarantee", the staff just initiated the process for taking the mobile back and then refunding me the money.

  • +1

    Use the acl argument that you would not have purchased the item you were informed that the hdmi port would stop working after 3.5 years, referring to acl website.

  • +1

    Some credit cards offer a free extension of manufacturers warranty if the purchase was made on the card.

  • TIME FOR new TV, black Friday in 3 weeks 😁

  • There is an implied warranty on any product under Australian Consumer Law. It does not state a time period nor does it list which goods it applies to. The terms that are used are quite broad - that the longevity should be "reasonable". Your argument should be that it is reasonable that the TV should last at least X years (longer than 3.5).

    Send your request to Fair Trading stating your expectation and what you want to rectify the situation.

    https://www.fairtrading.nsw.gov.au/help-centre/online-tools/…

    It takes about 10 minutes total of your time and the law is heavily in your favour.

    Also - while the manufacturer may have a warranty process - you did not buy the TV from the manufacturer. Your contract for sale of brand new goods is with Costco so your complaint should be with Costco for the supply of goods that should work for a "reasonable" amount of time.

    • +4

      Is it a warranty issue though? The TV seems to work but there’s an issue with the main HDMI port which suggests wear and tear, possibly user damage, rather than manufacturing defect after 3.5 years of operation..

      • +1

        It's that old chestnut… The TV is fine - the HDMI port just doesn't work.

        Kind of like:

        The car is fine, the windscreen wipers just don't work.

        The washing machine is fine, it's just leaking a bit of water.

        The mobile is fine, the microphone just cuts out sometimes.

        We tend to forget that a product is the product in its entirety - and if a portion of the product doesn't work - it's an issue with the entire product.

        Furthermore - HDMI ports are by definition a feature designed to be plugged in and out and their design takes into account this kind of wear and tear.. Damage is difficult but I suppose possible. I would argue cables and plugs should last longer than an appliance like a TV.

        Either way we are assuming the reason why the TV is faulty - the beauty of ACL is such that a consumer doesn't need to investigate or diagnose the reason why something doesn't work - it will be up to Fair Trading to decide the likelihood if the reason it doesn't work is damage (which is unlikely).

        The ACL is heavily in the consumers favour and businesses unfortunately have to trade with these standards in mind.

        • Well yes and no. The analogy isn't quite bulletproof

          The TV will still operate with the other 2 HDMI ports. 1 failure isn't fatal in it's operation.
          Cars don't have backup windscreen wipers, with a failure presenting a safety hazard and the car no longer can be operated safely
          Mobiles don't have backup microphones, with a failure resulting in the mobile not operating as it's intended use.

          I can assure you thought, outside of the warranty window on cars and you'll be lucky to even get a returned call from the dealership.

          So should the OP get a repair? It's borderline, yes 3.5 years is getting on but $2000 is a bit of cash to spend on a tv. But pushing for a full refund is like using a car for 3 years then having it break down and wanting a new one for the inconvenience.

          Is it up to Costco to resolve? yes and no, at the end of the day the fault lies with the manufacturer and any qualms ultimately should be with Philips.
          (I don't blame my car dealership for selling me a dodgy car, i blame the manufacturer)

          • +1

            @Drakesy: Firstly, for the purposes of invoking ACL under implied warranty there has to be a receipt for a paid product or service that indicates a purchase, amount, date etc between a business and a consumer.

            Whatever guarantees a manufacturer provides are their own and have nothing to do with implied warranty.

            See here: https://www.accc.gov.au/business/treating-customers-fairly/c…

            Scroll down and you will see this sentence:

            The consumer guarantees automatically apply regardless of any voluntary or extended warranty given by a seller or manufacturer of goods and services, or if such a warranty has expired.

            This means that the qualm will be with Costco - and not the manufacturer.

            Is it up to Costco to resolve? yes and no

            Not yes and no… just yes.

            Consumers could contact the manufacturer directly (outside of warranty) who may at their discretion help in a number of ways (free repair / replace / refund / diagnose / provide reference number) but are not obliged to because they did not transact with the consumer. They will however be obliged to reimburse the seller of the goods (in this case Costco) but this again is not a qualm that the customer has to deal with - it's between Costco and Panasonic.


            Secondly, the examples I gave above were solely to demonstrate that when part of a product is faulty, for warranty purposes the entire product is faulty. Nothing else. I didn't give any timelines for the examples I'm not sure why you analyse those examples for any other reason other than what I originally typed:

            We tend to forget that a product is the product in its entirety - and if a portion of the product doesn't work - it's an issue with the entire product.

            For example: Windscreen wipers stop moving - the entire car needs to be driven in for repair. Microphone stops working - the entire phone is taken in for repair. Washing machine starts leaking - enire machine is taken in for repair.

            Unless the faulty portion is modular and designed to be removed by a consumer - the entire product will need to be returned. In this case, you can't remove the HDMI port and take it in for diagnosis.

            Those seem like pretty bulletproof analogies to me.

            Maybe you could look at things like say… car tyres going bald differently because they are more like a consumable and it's well known that they need to be replaced over time. They are also modular and designed to be taken on and off easily - the entire car is not faulty - just the tyres are faulty.

      • I've had the same device plugged in there for like several months at a time

        I've probably plugged and unplugged it max 15 times

  • Tracey Grimshaw

  • +2

    Who tf would spend 2k for a dang philips tv…. Really???? Your fault op lol but best of luck.

    • Yeah since TGG have one for $500

  • +12

    fascinating - a quick scroll of comments here suggest about 95% believe you only have a 1-year warranty and then too bad so sad unless you paid extra for a 2-year 'extended warranty'

    and only about 5 or so comments actually know the law - that you have a consumer right to refund or repair at Your option if the product fails within its reasonable life

    someone quoted a case finding 8 years as a reasonable life

    everyone else seems to have drunk the KoolAid the retailers want you to believe

    like signs - 'No refunds' - geez then I can't do anything …

    no - that's an attempt to discourage people from their consumer rights

    the only way a retailer is allowed to refuse a refund is for change of mind purchases - where you didn't like the colour, or it was an unwanted gift, etc.

    if the product fails to function as expected within its reasonable life, you have an absolute right to repair or refund at your option - and all you have to do is walk into the store, demand to see the manager, and tell them that.

    • A good retail manger will actually inform their staff about this. When I worked in retail this was explained to me and the manager was awesome. He gave away things like MS Office when people came in and bought laptops because they were "led to believe" that office came with the computer.

      Told all staff from that point onwards to make sure you offer Office as an addon (which staff should have been doing anyway to increase IPS and quality of sale)

      We had another guy come in with a 4 year old Toshiba. He went through fair trading - got a brand new machine from our store and got to keep the old one… The ACL is crazy but I guess people don't value the effort required and are still ignorant.

    • That was agreed upon by the manufacturer.

      it doesn't mean they have to agree on it latter or in another case.

      But looking at ATO depreciation tables, 5 years looks to be the life of TV.

      Considering the Court's previous determinations based on ATO depreciation tables I would consider that the standard.

      • Oh actually:

        Cathode ray tube (CRT) monitors 8 years

        So it looks like CRT monitors had a life of 8 years.

        That case stated 8 years but fails to mention model number or type, however I would to be willing to bet at least $1 that it was a CRT TV and the Courts (and Lawyers) again using ATO depreciation tables to come up with effective life.

    • I have a template that pretty much works every time, you can then lodge a case with small claims tribunal 99% chance they will settle once they get the letter in the mail requesting them to submit their evidence.

      There is a small cost to this process - need the full business registry information and a fee depending on the state - vcat is 65.30 for claims under 3000

    • I’m quite surprised at how many Ozbargainers are unaware of our consumer laws. I guess we’re savvy at finding bargains and exploiting web store errors, but not so knowledgeable when it comes to returning faulty items.

  • Just because a manufacturer or supplier withdrew from a certain product segment doesn’t mean they don’t have an obligation under Australian Consumer Law to provide remedies to you should something they sell not meet consumer guarantees.

    You have avenues to pursue both with Philips and Costco. I would speak to both of them and remind them of their ACL obligations. Ask to get the matter escalated and if they still refuse to do anything, make a complaint against them to your state’s Department of Fair Trading. This part involves Fair Trading contacting you and the other party and making recommendations on a resolution, however it is not enforceable so if it goes nowhere, you’ll need to take them to your state tribunal.

    Make sure you gather names of who you communicated with, what was said, etc. It would be a good idea to have your complaint to Philips and Costco in writing, and a reply in writing. The more information you have to back up your case, the better. The Tribunal will schedule a hearing and give enforceable orders.

    Good luck.

  • +1

    I had an issue with my phillips tv 1-2 months from purchase and have had trouble talking with their service department to try to rectify it.

    They are so hit and miss with replies and following up on it that i just ended up throwing it back on the good guys to handle.

    I wouldn’t hold your breath with getting anything out of Phillips out of warranty if they give people with in the warranty period the run around.

    Costcos hands are tied too…
    The issue is with Phillips and the tv out of warranty.
    Even if you could return it to them they would still have to wear the cost of it despite it been Phillips problem because they can’t even claim against Phillips on your behalf out of warranty.

    All that said and done, I’d still fight for it as you are with the ACCC etc as 3.5 years for 1.9k is rubbish.

  • What was the warranty period when you bought it?

    Lol my catch of the day Daijitsu 42 inch still going strong after 11 years.

  • +2

    As others have said, under ACCC Cosco very clearly have to help you get this TV repaired.

    Not necessarily for free, but they certainly have to facilitate it, given a resonable consumer would not spend 2K on a TV knowing it would break in 3.5 yrs.

    Contact ACCC/Ombudsman if they don't sort this out for you.

    Good luck

  • Most places will help you out if it is <3 months out of warranty, but this is over 18 months. No one is going to help you with that.

    I wonder how long people think a $2,000 consumer electronic piece of equipment should last before it isn't fixed/replaced for free? If it was a TV, Coffee Machine, Fridge, Dryer/Washer etc. Do you think it is fair for a company to cover you for like 5 years? Seems a bit harsh. I reckon 3 years should be the cut off.

    • -1

      If retailers had no responsibility after 3 years wouldn’t that mean though that a consumer could end up spending at minimum $6000 to replace a single appliance multiple times over a ten year period?

      • +1

        They don't. There are independent business that can fix out of warranty hardware for you and is the exact reason they exist.

    • Are you kidding? So do you budget for a new TV every 3 years? What a joke of a comment lol
      You are the classic spineless consumer every company dreams of lol

  • +12

    I'm a huge ACL nut, and also a Costco member and have gone through something similar with Costco recently.

    Now, under Costco's own returns and change of mind policy you are absolutely able to return the item for a refund. Prior to August 31, 2020, Costco Australia had no specific policies for electronics (Costco in the US has had certain limitations on electronics for a few years now).

    So, you should be well within your rights to return the TV for a refund, stating it no longer works. You don't need any packaging, just the item and its accessories.

    Now, you might need to, in a friendly manner, remind Costco that their policy on electronics only applies to purchases after August 31, 2020, and the normal return and change of mind policy apply for purchases prior to this.

    This is all before you really need to go through the ACCC to deal with an ACL claim. That's another kettle of fish, and Costco simply telling you to go to the manufacturer or someone else for a repair is a breach of their duty to you as the retailer.

    The claim that they are a wholesaler is not right, provided your membership isn't a business membership. If you have a standard $60 per year membership, they are selling the goods to you, the end consumer, and thus defining them as the retailer.

    I'm not a lawyer, but happy to help further as I love this stuff.

    • -4

      People abusing laws to return a 3.5 year old tv for a new one is why we can't have nice things anymore.

      • +3

        It’s not abusing the law, it’s exactly what ACL was designed for. However, my whole point is saying that there is a legitimate use of their policy to execute in this circumstance.

  • +3

    TELL HIM HE'S DREAMING

  • Understand your frustration with this ..but doesn’t seem like this is a warrantable issue, as in a replacement or repair, tbh.
    As it doesn’t appear to be a non-working port per say . As in the port does work, but doesn’t function as it should from the get go. Which It appears to be a firmware issue that will need to be resolved, more likely than it actually being a physical hardware based replacement issue. i.e the port not working at all and no signal running through it. As the TV still receives a signal through this port and the other ports. Since the OP hasn’t mentioned any other hardware miss function on the TV.

    If he is able to reset the port and get it to function as it should normally do, by switching the system on and off from the wall.
    The port is not faulty and is working. But needs to be reset. And I’m assuming the control chip for this particular port. Being it’s an Arc enabled port. Needs to be updated to rectify the situation. As turning it on and off is resetting the chips instructions, as leaving it on standby is doing something to it.. to prevent it from displaying the source signal. I’m assuming ?

    Have you checked to see if their is a firmware update for your panel by any chance through your TV’s OS system ?
    If not check that or the Philips website on your model for any downloads or updates for your TV.

    If the TV was completely non-functional, or other hardware components were actually faulty. Then it definitely would be a case of warrantable fixing under manufacturer assistance and cover under ACCC.

  • -6

    Help, I bought a Sony CRT tv for 1900 dollars, 20 years ago. It stopped working. Sony is refusing to help because they don't manufacture CRT tvs anymore. How can I get it replaced with a 2020 OLED 65 inch tv for free under warranty.

    • -2

      Not even funny.

      • +2

        Anyways I tried contacting ACCC so I can threaten Sony to give me a new TV but they are really busy so far.

        • You'll have better luck with ACA.

  • -2

    Oh yes ive found my grandfather's 1950 Magnavox TV it won't turn on can I get a brand new TV please?????

  • +2

    What’s the size of the TV?

    I mean a $1900 42” TV is expensive, but if this is a 75” for $1900 I wouldn’t expect it to last the trip home let alone 3.5 years.

  • Hello, have you tried to factory reset your tv. Please do if you haven’t done it yet. I had similar problem before and it fixed the issue. Good luck.

  • +1

    Why buy from Costco of you are not making use of their satisfaction guarantee promise?

  • If my $599 65 inch aldi TV can last three years and still kicking on, I would expect a lot more from a $2,000 TV

  • WOW. this thread is interesting. a lot of people think that it should still fall under ACL 3.5 years later on a 2k product. its actually opened my eyes. Cause I would just buy a new TV thinking I would not have a shot. So if something similar happens in the future. it could not hurt to even try.

    Try plugging a HDMI port extender, see if that helps

    Thanks

    • +2

      Under Peters v Panasonic Australia Pty Ltd (Civil Claims) [2014] VCAT 1038 (26 August 2014) http://www7.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT…
      it has been agreed that the expected TV life is 8 years. Peter paid $1,350 in 2011 and it developed a fault. In 2014 the court awarded Peter $$1,096.88 under ACL law.

      • Going to reiterate that the OP should be going straight to Philips as the issue is with the manufacturer (as identified in the cases findings). It wasn't Peters vs Harvey Norman/The Good Guys/JB Hifi.

        Everyone still thinks that Costco is the one to blame.
        Costco is merely the middleman and their hands are tied.
        If the OP wants results follow it up with Philips.

  • TV's were more expensive in 2016 than they are now. What model do you have?

  • +7

    Under Peters v Panasonic Australia Pty Ltd (Civil Claims) [2014] VCAT 1038 (26 August 2014) http://www7.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT…
    it has been agreed that the expected TV life is 8 years. Peter paid $1,350 in 2011 and it developed a fault. In 2014 the court awarded Peter $$1,096.88 under ACL law.

  • +6

    Amazing how many people who have zero clue about ACL blab on here with terrible advice. If you want to forego your consumer rights, go for it. Just don't tell others the wrong thing and spread your stupidity.
    Any average person would expect more than 3.5 years of use from a $2,000 TV.

    You would be an idiot to not try and get something done about it whether it's a repair, partial refund or replacement for a small out of pocket cost.
    Just because a retailer says no doesn't mean that's the only possible outcome. I've been to civil tribunls to teach reckless law breaking tradies and retailers a lesson and won everytime because they were on reasonable grounds. Oh well, if you don't know your rights, you lose.

    Don't bother with ACCC. they don't directly get involved with individual cases. You could try fair trading and see if Costco budges but fair trading has no legal power to make an order so it may a waste of time. If Costco doesn't play ball, I would definitely take them to civil tribunal in your state for breach of ACL. don't think you will have much trouble getting a favourable outcome.

  • -6

    who spends 2k on a tv lol. also i thought tv's only had 1-2 year warranties anyways

    • Your circle of friends must be doing it quite tough if you have never seen anyone spending more than 2k on a TV. Who buys them? Apparently a lot of them. If no one is buying them, I wonder why they are being sold?
      Another person who has zero clue about the additional consumer rights we have in Australia. Yet you post here as if foregoing your rights and only relying on manufacture warranty is some kind of a bragging right lol

      • I agree with your comments about consumer rights, but no need to make it personal to him/her about friends "doing it quite tough" (judgemental much?).
        Plenty of people are doing it quite tough right now, we are in a recession and many have lost their jobs.
        Not only this, there are plenty of people that would never spend more than 2k on a TV and are not struggling, I am one of these people.
        Obviously, there are plenty of people that would also spend more than 2k on a TV, we all value things differently :)

        • Actually there is a need to make it about him because he/she made it about everyone. He was stupid to generalise and say as if buying a $2k TV is out of norm. Not to mention the stupid comment around TVs having only 1-2 year warranty. Lol

      • not about me being poor. i just dont see the value in spending excessive amounts on things that barely get used. consumer law only gets you so far.

        • -1

          Then how about you don't troll a thread where someone is asking for help in an unfortunate situation and post useless stuff like "who spends 2k on a TV"

          If you feel like trolling, just create an useless thread about why people spend 2k on a TV.
          Who asked you what you value anyway in this thread? Feel free to not spend that much on a TV because nobody gives a crap about what you want to spend your money on.

          You know zero about consumer law so how about you just keep quiet? Lol
          Only gets you so far? The OP managed to get a full refund so it appears that consumer law has got him all the way as I predicted. Next time just learn to keep quiet about stuff you don't know. At least you won't make yourself look dumb and you will fly under the radar.

    • +1

      They have a 2-year manufacturers warranty (under law), however, there is such thing as a statutory rights warranty, which is basically there for what would be considered a fair life expectancy for a product.

      For example, if you bought a $3,000 laptop, and it broke down after 2 years, you definitely have a statutory warranty which would kick in, which is there to say there is no way that any reasonable person would expect a 3k device to break down after 2 years (unless you damaged it, which is a totally different outcome).

  • Bikies

    • Do they fix TVs?

      PS : They might have upskilled during the lockdown.

  • Do you have proof of purchase? You never mentioned if you have this. This is a must for starters.

    Proof of purchase can be a receipt or transaction record on your bank account/credit card statement.

    You have "Statutory warranty rights". A product of this value can be argued to last longer than the standard 2 years warranty.

    I had an iMac that shit itself just outside the standard 2 years, I had to argue a LOT with Apple in their store with the floor staff, they had no idea what a statutory warranty was, I asked for their manager and showed her my rights on the ACCC site and she finally caved and fixed it for free.

    • He can also ask for the copy of invoice from Costco.

    • It's just listed on my Costco purchase history.

  • Long shot, but worth a try…
    If you bought it with a c/card that came with additional warranty insurance, it might still be in the warranty period

  • +1

    Not sure if anyone else had said this yet, but are you sure it is not an issue with the firmware for your TV?
    I think you have mentioned that it "does" sort of work but only on plugging/unplugging/sacrificing small goat.
    I had an old Samsung with some form of HDMI problem (cant remeber what exactly), but it turns out that there was a firmware update for my TV. Once update via USB it worked perfectly fine. - Could be something to check on?

  • +4

    Ended up getting a full refund
    Thanks everyone, except some

    • How did you go about? Didn't they say the same thing about being a wholesaler again?

    • Good to hear. The world is full of idiots who think they know but they are too stupid to even claim their given rights. Plenty of them in this thread and you will never get anywhere listening to these idiots. They have been losing out in every way and they don't even know it because they have zero knowledge about their rights. Even if you try to educate them, their ego won't allow them to admit they have been wrong.

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