Where do I stand - faulty screen from Novatech

Shimon Cohen wrote:

Hello

I hope you all had a good Xmas - I didn't

We bought a Dell 1800FP screen from Novatech towards the end of
November. It worked for about ten days days before the DVI input
failed. Contacted Novatech and was told to call Dell, who offer a
next day swap out.

"Good!" I thought
snip

On the very rare occasions that I have had a problem with goods Novatech
have handled problems well. I think a polite chat with them would solve
the problems. Why don't you give it a try and report back?
--
SPAM (delete NOSPAM)
www.redoak.co.uk www.eze-buy.co.uk

On Wed, 31 Dec 2003 11:49:31 +0000, John Perry
wrote:

On the very rare occasions that I have had a problem with goods Novatech
have handled problems well. I think a polite chat with them would solve
the problems. Why don't you give it a try and report back?

Hi

I have tried the polite chat - in fact it was the first and second
things I did...

Thanks to you all for your input, if I get access to usenet in the
near future I will let you know how things are going. I am returning
the borrowed Samsung to its owner tonight so I won't have regular easy
access to the web etc. until I get another screen.

All the best for the new year

Paul

Peter Parry wrote in message . ..
On Tue, 30 Dec 2003 15:14:42 GMT, "Max Longman"
wrote:


"Peter Parry" wrote

Warranties, since May of this year, have become enforceable
contracts.

First I've heard of it.

That does not surprise me.
http://www.legislation.hmso.gov.uk/s...2/20023045.htm
"Consumer guarantees
15. - (1) Where goods are sold or otherwise supplied to a
consumer which are offered with a consumer guarantee, the consumer
guarantee takes effect at the time the goods are delivered as a
contractual obligation owed by the guarantor under the conditions set
out in the guarantee statement and the associated advertising."

As long as it was done on the direction of the seller this statement
is wrong.

Could you cut&paste the relevant section of the Sale of Goods Act?

I could, but you will learn more by looking it up yourself.

It was established in Victoria Laundry v Newman Industries [1949]
that an intervening act of a third party which itself causes the loss
to the plaintiff, or aggravates the loss, caused by the defendant's
breach, will not absolve the defendant from liability if the
intervening act was reasonably foreseeable.

The SOGA section 48B makes the seller responsible for repair of
faulty goods. If the seller decides to meet that responsibility by
asking you to contact his repair agent (in this case the
manufacturer) directly that in no way absolves him of his contractual
responsibility to solve the problem (and indeed is often the quickest
and best way of solving the problem).

If Novatech had said "We do not fix minitors ourselves but we will get
our friend John to do it on our behalf oh and we are too busy to take
it there so just ask him to do it and John screws up then would all of
you be equally happy if Novatech denied liability???

There is a certain wrong assumption that when you buy things off
companies such as them or Dabs that if they give you advice it is NOT
simply so they can make a profit on the transaction and then deny
responsibility, but that they behave in an honerable manner.

Still theonly consolation is that this stupidity will undoubtadly
cost them far more in lost profit because of all the people who will
not use them than sorting out the customer.