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Master Geek
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Topic # 58115 8-Mar-2010 15:48
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Hi, just bought a 22 inch Samsung TV off Trademe.
It seems there must be a promotion on where you buy a big TV and get a free 22 inch so there are a few on Trademe brand new unopened box.  I have the original invoice from Radiola for the TV.
Anyway I rang Samsung about an issue and was told it's not under warrantly as it was bought from Trademe...  What's up with that?  They said it clearly states it in their terms and conditions.
I probably shouldn't have said yes when she asked if I bought it off Trademe but I had no idea that would void my warranty!

Nigel.

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  Reply # 305442 8-Mar-2010 15:54
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You'll probably have to get the person you bought it off(as they are acting as a reseller) to claim on teh warranty, pretty sure that's how it works for phones and other electronic goods too




I have moved across the ditch.  Now residing in Melbourne as a VOIP/Video Technical Trainer/Engineer. 



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Master Geek
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  Reply # 305448 8-Mar-2010 16:07
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I'm not sure if the 'issue' is even a warranty issue at this stage.
What I noticed is that in low light ie. watching TV at night with the lights out, in very dark scenes or material that has black bars top and bottom, you can notice a bit of LCD backlight shining through all the way along the top and bottom edge of the screen. It's only shining through a little bit and is noticeable for about the first 5mm of the screen top and bottom. It may not be a biggie but it's noticeable. Might be able to tweak settings to get rid of it. It's all on 'Standard' at the moment.

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  Reply # 305449 8-Mar-2010 16:13
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Most companies have a "transferable" warranty condition which allows for purchases off trade me.

I'm assuming neither the buyer nor the seller checked these to ensure the warranty was in-fact transferable.

Sony allow this - but wouldn't have a clue for Samsung..


Wow found this at http://www.samsung.com/nz/support/repairpolicy/servicePolicyWarrantyMain.do 

4. The Warranty Ceases if:

     the SAMSUNG product ceases to carry the original manufacturer's serial number or was sold at an auction;

That covers Trade Me (being an Auction site)

So i'm afraid you are SOL :-(




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  Reply # 305451 8-Mar-2010 16:18
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Unless it was a buy now which most on there seem to be.




Richard rich.ms



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Master Geek
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  Reply # 305452 8-Mar-2010 16:19
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Yep, I quickly read that on their website too. Neither of us checked... bugger!



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  Reply # 305453 8-Mar-2010 16:20
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richms: Unless it was a buy now which most on there seem to be.


Yes, it was a 'Buy Now'

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Ultimate Geek
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  Reply # 305454 8-Mar-2010 16:20
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Buy Now wouldnt make any difference.. Trade Me is not a retailer - it provides auctions - hence all items are auctioned off. "BuyNow" just places a Bid at that price and ends the auction.




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  Reply # 305455 8-Mar-2010 16:23
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I'd go as far as saying that in more cases than not a warranty is non transferrable. Most warranty cards I've seen will all typically mention if it's transferrable or non transferrable, not just for a TV but across the board.


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  Reply # 305457 8-Mar-2010 16:35
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No, a buy now is not an auction under any of the acts that cover it. That is why you are covered by the sales of goods act, and CGA if appropriate, and also why pawn shops cannot add buy nows to items they are selling.




Richard rich.ms

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  Reply # 305475 8-Mar-2010 17:31
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To quote consumer.org.nz

Online auctions where you buy from a one-off, private seller are regarded as "private sales". You have limited protection, since private sales are not covered by either the Fair Trading Act or the Consumer Guarantees Act.

In most situations, professional traders selling through online auctions have exactly the same responsibilities as people selling through traditional methods like shops or mail order. These are set out in the Fair Trading Act (FTA), Consumer Guarantees Act (CGA) and Secondhand Dealers and Pawnbrokers Act.

So it does make a difference who the seller was/is and whether there was a buynow when you by via trademe regarding your rights under various consumer protection laws in NZ.

See:
http://www.consumer.org.nz/reports/auctions-online/your-rights

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Ultimate Geek
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  Reply # 305493 8-Mar-2010 18:27
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nbroad: I'm not sure if the 'issue' is even a warranty issue at this stage.
What I noticed is that in low light ie. watching TV at night with the lights out, in very dark scenes or material that has black bars top and bottom, you can notice a bit of LCD backlight shining through all the way along the top and bottom edge of the screen. It's only shining through a little bit and is noticeable for about the first 5mm of the screen top and bottom. It may not be a biggie but it's noticeable. Might be able to tweak settings to get rid of it. It's all on 'Standard' at the moment.


We bought a 22" Samsung not too long ago from someone who got it as a freebie. Same problem here. I suspect it's just a cheap TV.

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  Reply # 305503 8-Mar-2010 19:15
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The lack or otherwise of a warranty from Samsung is irrelevant because their obligations under the CGA supercede any warranty and can't be contracted out of unless you are purchasing the goods for business purposes.
The manufacturer is still liable for second hand goods. The only instances where the manufacturer is not liable is if the person who purchased the goods was a business and the retailer contracted out of the Consumer Guarantees Act or the goods were purchased by auction or competitive tender. Buy now on trademe is not an auction. Otherwise for second hand goods the original retailer is no longer liable however the manufacturer is still liable.
If Samsung are saying they aren't liable under the CGA you could try reminding them that they are breaking the law by misleading you as to your legal rights (s9 Fair Trading Act 1986) and that you will lodge a complaint with the Commerce Commission along with seeking a full refund at the Disputes Tribunal because they are refusing to fulfull their responsibilities under the CGA.



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Master Geek
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  Reply # 305504 8-Mar-2010 19:19
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grolschie:

We bought a 22" Samsung not too long ago from someone who got it as a freebie. Same problem here. I suspect it's just a cheap TV.


Iinteresting.. I suppose if they are all like that then there's no point in battling with Samsung.
Any other people own the same model?  LA22B450.

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  Reply # 305511 8-Mar-2010 19:52
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The "fault" you mention is called bleed though. Most LCD screens do it to some extend. The cheaper the screen the more bleed though as a general rule.







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Ultimate Geek
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  Reply # 305527 8-Mar-2010 21:19
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nbroad:
grolschie:

We bought a 22" Samsung not too long ago from someone who got it as a freebie. Same problem here. I suspect it's just a cheap TV.


Iinteresting.. I suppose if they are all like that then there's no point in battling with Samsung.
Any other people own the same model?  LA22B450.


Same one. The box says LA22B450C4M. I have the energy saving set to auto, so it dims when screen is dark and this helps make it less annoying for me.

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