wrote:
Thanks Sue

On 1 Jun, 11:00, Palindrome wrote:


If the picture quality is such as to make the thing unfit for purpose,
then you can reject it under SOGA as being faulty.



I can't claim that its unfit for purpose but it's a poor picture
quality if I had seen how slow the TV response was in a shop I
wouldn't have bought it


"Reconditioned" should mean that the unit was brought fully up to "as
new" state - including resetting the initial auto-tune and language
selection sequence, if it has one. I assume that it has such a sequence
and you have connected it to an aerial and tuned in channels and the set
no longer goes to the initialisation sequence when powered up.



No I receieved the TV in a state were a previous user had tuned in the
channels and used it


So, your only option is to reject it as faulty. Return it as such (at
their expense). Argue with them that it is indeed faulty, no matter how
they disagree - being prepared to take them to Court, should it come to
that. Ideally get an independent expert to look at it first who will be
prepared to testify that he considers it to be unfit for purpose.



It would be tricky to claim the TV was unfit for purpose what is the
definition of "faulty" or unfit for purpose (I think the picture
quality is poor clearly Sony in 2005 didn't) and at 160 quid purchase
price even "small claims" might prove too expensive a legal path to
follow

Am I stuck with a set that I don't want?

Depends. If you have told them that you have used the set, then yes.

If you had said that you were rejecting it because of the colour of the
case - then you could have returned it under DSR and they would have had
to have accepted it back, open box and all. Examining is fine - using
and installing is not.

Possibly too late now..depending on what you have said/written to them.

As to the definition of "unfit for purpose" - that is where an expert is
needed. Who can give an expert opinion in Court, if necessary. The Court
may still take a different view, indeed even after viewing the set in
operation..

Of course, if the set goes faulty in the next few months, you can return
it under SOGA or just using the warranty that came with it.

You can, of course, stick it on ebay..

--
Sue