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Wills1

710 posts

Ultimate Geek


  #386033 29-Sep-2010 20:03
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Dunnersfella: Before you get on the warpath with the companies, I'd get someone else to demo your STB on their TV (relative or friend) and see what happens to them.
If it's fine - you'll know where the problem lies firsthand.
You won't be taking advice of anyone with a vested interest - it'll be your own real world testing.
Then, you'll know exactly where you stand.

As an aside, what brand aerial do you have? Is it a UHF / VHF aerial? Or a straight UHF?


Thats a good idea. Although you would think it would be unlikely that both of the units I've had have been faulty

the aerial is a big straight UHF. not a combo



xarqi
727 posts

Ultimate Geek


  #386041 29-Sep-2010 20:23
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The "fitness for purpose" provision of the CGA means that it has to work in your hands, as you have made your requirements known, not in his, as he wants it to. The product must work as described, or as a demonstration unit does. If it is described as being HDMI compatible, and proves not to be, I think you're covered, whether it is a design or manufacturing flaw.

The CGA gives YOU rights. You may ask the retailer to repair the unit in a reasonable time. They may offer a replacement (useful only if it is not a systemic design flaw), or a refund. If a reasonable time passes, you may demand a full refund or have the unit repaired elsewhere and bill the retailer for the cost and any contingent expenses.

What seems to have happened here is that all you've been offered is an unsubstantiated denial of responsibility.

The kicker is, as I mentioned above, and as others have agreed, it really is up to you to gather evidence that the unit is in fact unfit for purpose, through fault or misrepresentation, if you wish to force the issue in the face of an uncoopeative retailer who'd rather alienate a client than accept a return of a unit he himself claims to be faultless.

It's a PITA, but unfortunately you have to do the investigation and make the case if the supplier simply denies responsibility. You'd need to do that to go to the Dispute's Tribunal anyway.

And, of course, your investigations may reveal that the fault is with your TV after all, and the retailer will be quite blameless on this occasion.

dklong
167 posts

Master Geek


  #448779 16-Mar-2011 08:58
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Folks

Just as a follow up... my mother in law is having the same issue with a Toshiba TV and the JC Matthews unit so I suspect it is a function of the DVR not the TV.

Did anybody find a solution in the end to this or did using component cables intead of HDMI fix the problem?

Cheers





Jaxson
8042 posts

Uber Geek

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  #448811 16-Mar-2011 10:20
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Slight aside but I have the JC Matthews unit running direct to my Panasonic TV and do not experience any handshaking/dropout type issues with it at all. It's the S10 model TV which was the cheapest of the full hd range. Running a very standard hdmi cable.

wreck90
780 posts

Ultimate Geek
Inactive user


  #448814 16-Mar-2011 10:29
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xarqi: If there is nothing wrong with the unit, as he claims, he can easily resell it.  If there is something wrong he is responsible.


Have you had the "None of my other customers have complained" line yet?

Mention "Consumer Guarantees Act", "fitness for purpose", and "Disputes Tribunal" and he'll straighten up and fly right.  He considers his time far more valuable than that of his customers, so he'll do what you want not because it is his responsibility, but out of expediency.  Expect some incredibly rude phone calls from him first though, even though anything he puts in writing will be the epitome of professional politeness.


Not necessarily.

I had a failed home appliance. Went to Noel Leeming, mentioned all of the above and they said we'll see you in court.

However, after lodging the claim, Noel Leeming rang back and paid me out. Appears they did not want to see me in court.  Did not get a refund on the court fees either.



Wills1

710 posts

Ultimate Geek


  #449004 16-Mar-2011 18:56
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dklong: Folks

Just as a follow up... my mother in law is having the same issue with a Toshiba TV and the JC Matthews unit so I suspect it is a function of the DVR not the TV.

Did anybody find a solution in the end to this or did using component cables intead of HDMI fix the problem?

Cheers




Hi there, I ended up getting a partial refund from the retailer, and going back to Mysky. I had tried a few different freeview approved devices, and was unhappy with all of them.

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