We have a new TV from Sony that is only 2.5 years old. There…

Question

Hi we have a new TV from Sony that is only 2.5 years old. There is a panel
defect and permanent horizontal line. We paid $4000 plus 1700 for a replacement.
They have offered to provide 40 percent discount on a new model. In terms of
merchantable quality I believe they should provide me equivalent replacement
value. The panel defect is known on other models that have been recalled and
replaced.

Lawyer's Assistant: What state are you in? It matters because laws vary by
location.

Victoria

Lawyer's Assistant: What steps have you taken so far?

I’ve asked Sony to provide a replacement . They have said they no longer repair
this model & can offer 40 percent discount on a new model only (need to redeem
within 90 days)

John Melis · Accepted Answer

Hi

There are three steps you may take with this important matter.

1. issue a formal complaint in writing to the company and if they refuse then
follow step two;

2. Where the company has refused to assist you, the next step is to write s
formal complaint to the ombudsman, but this can be a lengthy process. If you are
not able to wait out the time, you can follow step 3.

3. You will have a claim under the Australian Consumer Law based on the facts
that you have described and you will be able to claim compensation. The
legislative Act that applies is the Competition and Consumer Act 2010, Schedule
2.

The company warrants that goods or service are acceptable for their use/service.

Goods:

a. Goods must be of acceptable quality

b. Goods must be fit for purpose

c. Goods must match their description

d. Goods must match any sample or model.

Services:

a. Must be rendered with due care and skill

b. Services must be fit for the specified purpose.

c. Services must be provided within a reasonable time.

The company has several options they can provide where goods or services have
not meet the requisite standard. The company can either repair, replace, refund,
compensation, and cancel the entire contract.

What you need to do is to write a formal complaint to the company. This
complaint needs to be in a chronological order detailing what is the issue and
what action you have taken to try and rectify the matter.

The chronological order need to be be numbered with points 1, 2, 3, etc. with
each point being a separate item.

The complaint needs to have detailed what you need fixed and for a time limit of
a minimum of 7 days to apply.

The complaint then needs to be sent to the dispute resolutions department. Make
sure you keep a copy for yourself.

Preferably send the complaint by email.

If you do not receive a reply within 7 days issue a follow up complaint to the
first complaint issued.

If no response is received then it is time to commence an action in VCAT.

You can lodge this claim directly on their website. The key element of the claim
is the points claim that details the matter, This application point will need a
little time to prepare the facts, and I recommend that you download the
application first, review, fill it out, and then when you are ready lodge the
same online

You may also have a claim of misleading conduct by the seller, under section 18
of the Australian Consumer Law. In general, misleading someone may include
conduct ranging from lying to them, to making false or inaccurate claims, to
creating a false impression, to leading them to a wrong conclusion, to omitting
important information. Importantly, it is not necessary to establish that the
trader intended to mislead or deceive. A person or corporation may have engaged
in conduct that was misleading or deceptive even if they have acted honestly and
reasonably. Silence may constitute misleading or deceptive conduct, but this
will depend on the circumstances of the case.

The company cannot rely on a disclaimer or exclusion clause to protect
themselves from misleading or deceptive conduct. However, the fine print will
still be considered.

Does this answer your question today ?

There are three steps you may take with this important matter.

1. issue a formal complaint in writing to the company and if they refuse then
follow step two;

2. Where the company has refused to assist you, the next step is to write s
formal complaint to the ombudsman, but this can be a lengthy process. If you are
not able to wait out the time, you can follow step 3.

3. You will have a claim under the Australian Consumer Law based on the facts
that you have described and you will be able to claim compensation. The
legislative Act that applies is the Competition and Consumer Act 2010, Schedule
2.

The company warrants that goods or service are acceptable for their use/service.

Goods:

a. Goods must be of acceptable quality

b. Goods must be fit for purpose

c. Goods must match their description

d. Goods must match any sample or model.

Services:

a. Must be rendered with due care and skill

b. Services must be fit for the specified purpose.

c. Services must be provided within a reasonable time.

The company has several options they can provide where goods or services have
not meet the requisite standard. The company can either repair, replace, refund,
compensation, and cancel the entire contract.

What you need to do is to write a formal complaint to the company. This
complaint needs to be in a chronological order detailing what is the issue and
what action you have taken to try and rectify the matter.

The chronological order need to be be numbered with points 1, 2, 3, etc. with
each point being a separate item.

The complaint needs to have detailed what you need fixed and for a time limit of
a minimum of 7 days to apply.

The complaint then needs to be sent to the dispute resolutions department. Make
sure you keep a copy for yourself.

Preferably send the complaint by email.

If you do not receive a reply within 7 days issue a follow up complaint to the
first complaint issued.

If no response is received then it is time to commence an action in VCAT.

You can lodge this claim directly on their website. The key element of the claim
is the points claim that details the matter, This application point will need a
little time to prepare the facts, and I recommend that you download the
application first, review, fill it out, and then when you are ready lodge the
same online

You may also have a claim of misleading conduct by the seller, under section 18
of the Australian Consumer Law. In general, misleading someone may include
conduct ranging from lying to them, to making false or inaccurate claims, to
creating a false impression, to leading them to a wrong conclusion, to omitting
important information. Importantly, it is not necessary to establish that the
trader intended to mislead or deceive. A person or corporation may have engaged
in conduct that was misleading or deceptive even if they have acted honestly and
reasonably. Silence may constitute misleading or deceptive conduct, but this
will depend on the circumstances of the case.

The company cannot rely on a disclaimer or exclusion clause to protect
themselves from misleading or deceptive conduct. However, the fine print will
still be considered.

Does this answer your question today ?

John Melis · Answer

There are three steps you may take with this important matter.

1. issue a formal complaint in writing to the company and if they refuse then
follow step two;

2. Where the company has refused to assist you, the next step is to write s
formal complaint to the ombudsman, but this can be a lengthy process. If you are
not able to wait out the time, you can follow step 3.

3. You will have a claim under the Australian Consumer Law based on the facts
that you have described and you will be able to claim compensation. The
legislative Act that applies is the Competition and Consumer Act 2010, Schedule
2.

The company warrants that goods or service are acceptable for their use/service.

Goods:

a. Goods must be of acceptable quality

b. Goods must be fit for purpose

c. Goods must match their description

d. Goods must match any sample or model.

Services:

a. Must be rendered with due care and skill

b. Services must be fit for the specified purpose.

c. Services must be provided within a reasonable time.

The company has several options they can provide where goods or services have
not meet the requisite standard. The company can either repair, replace, refund,
compensation, and cancel the entire contract.

What you need to do is to write a formal complaint to the company. This
complaint needs to be in a chronological order detailing what is the issue and
what action you have taken to try and rectify the matter.

The chronological order need to be be numbered with points 1, 2, 3, etc. with
each point being a separate item.

The complaint needs to have detailed what you need fixed and for a time limit of
a minimum of 7 days to apply.

The complaint then needs to be sent to the dispute resolutions department. Make
sure you keep a copy for yourself.

Preferably send the complaint by email.

If you do not receive a reply within 7 days issue a follow up complaint to the
first complaint issued.

If no response is received then it is time to commence an action in VCAT.

You can lodge this claim directly on their website. The key element of the claim
is the points claim that details the matter, This application point will need a
little time to prepare the facts, and I recommend that you download the
application first, review, fill it out, and then when you are ready lodge the
same online

You may also have a claim of misleading conduct by the seller, under section 18
of the Australian Consumer Law. In general, misleading someone may include
conduct ranging from lying to them, to making false or inaccurate claims, to
creating a false impression, to leading them to a wrong conclusion, to omitting
important information. Importantly, it is not necessary to establish that the
trader intended to mislead or deceive. A person or corporation may have engaged
in conduct that was misleading or deceptive even if they have acted honestly and
reasonably. Silence may constitute misleading or deceptive conduct, but this
will depend on the circumstances of the case.

The company cannot rely on a disclaimer or exclusion clause to protect
themselves from misleading or deceptive conduct. However, the fine print will
still be considered.

Does this answer your question today ?

We have a new TV from Sony that is only 2.5 years old. There…

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