I have a faulty Samsung Smart Television. Just 2 years old, so out of guarantee but comes under being not fit for purpose as a high end priced product like this should work for more than a couple of years, as stated in the Sale of Goods Act 1979. (Amended) and confirmed by Samsung's authorized repair agent and Trading Standards.

The estimate for repair from Samsung's authorized agent is over £800, could buy a replacement TV for that.

My major problem is I am unable to speak to anyone at Samsung UK who appears to be able to deal satisfactorily with this problem. I have got nowhere with Customer Service and Escalation Team. Has anyone a 'real' name and title of a person at Samsung Head Office Chertsey to whom I can write an official complaint? No-one will disclose any name or even department to write to. Last resort will be Smalls Claims Court.

Any help much appreciated from a very exasperated and infuriated Samsung customer.

Your contract is with whom you brought the TV from, take it back to them.

As already mentioned - your rights are against the RETAILER and not the manufacturer - surely as you claim to have been in touch with Trading Standards they have already told you this?.

They will also have told you it's up to YOU to prove (in court) a manufacturing defect in the set.

However, you're also misinformed about it been a 'high end' product, Samsung are middling at best and have a fairly poor reliability record.

Unless you paid Samsung directly for the telly you are not a Samsung Customer. It is whoever took your cash for the TV that is responsible for any claim under the Sale of Goods Act.

That is even assuming you have a claim in the first place. You would have to prove that the TV was "faulty" from day one and not that it is due to fair wear and tear or abuse.

And even so under the Sale of Goods Act you have no claim against Samsung anyway, if you bought the TV from a retailer, so they have no obligation under SoGA to do anything. Therefore firing off a letter of complaint to them is unlikely to achieve anything.

Thanks for all your replies. I should have mentioned this television was, in fact, purchased directly from Samsung, and not a retailer, this was possible through a Samsung employee. Whether a product is under guarantee or not, it requires to be fit for use over a period of time and have already been advised a TV should in normal circumstances last at least 5 years, and the screen for a minimum of 60,000 hours. For these reasons, I wish to take this further and would prefer to have a specific name of someone to write to, instead of just Samsung UK.

you should speak to the samsung employee that bought it for you then i would have thought. as they are the customer, not you.

[quote=2RPH;74992092]Thanks for all your replies. I should have mentioned this television was, in fact, purchased directly from Samsung, and not a retailer, this was possible through a Samsung employee. Whether a product is under guarantee or not, it requires to be fit for use over a period of time and have already been advised a TV should in normal circumstances last at least 5 years, and the screen for a minimum of 60,000 hours. For these reasons, I wish to take this further and would prefer to have a specific name of someone to write to, instead of just Samsung UK.

Also I feel I have enough evidence these are manufacturing or material defects as the report/estimate I have is from Samsung's own authorized service agent to whom Samsung requested me to obtain a TV inspection report from.

[quote=2RPH;74992092]Thanks for all your replies. I should have mentioned this television was, in fact, purchased directly from Samsung, and not a retailer, this was possible through a Samsung employee.

Whether a product is under guarantee or not, it requires to be fit for use over a period of time and have already been advised a TV should in normal circumstances last at least 5 years, and the screen for a minimum of 60,000 hours. For these reasons, I wish to take this further and would prefer to have a specific name of someone to write to, instead of just Samsung UK.

Also I feel I have enough evidence these are manufacturing or material defects as the report/estimate I have is from Samsung's own authorized service agent to whom Samsung requested me to obtain a TV inspection report from.

I don't think LCD/LED TV's are anywhere near as reliable as the old CRT TV's used to be. I've had many problems with them over the years.
Its why I now only buy a TV if it comes with 5 yrs warranty..... like you get with John Lewis or Richer sounds. After 5 yrs I'm not bothered how much longer it lasts, because I'm looking to upgrade then anyway.

The trouble with this SOG and items that should last a reasonable time, is that the retailer can put all sorts of hurdles in your way, to the point that its more time & hassle than its worth pursuing it.
If it were me, I would cut my losses and buy another TV, but only one with 5 yrs guarantee.

Actually they are considerably more reliable than CRT's ever were. Insurance Company and Large Rental Company figures prove this.

As I said, all your rights are against the 'retailer' - you didn't buy from a 'retailer' - so presumably you don't have any rights under the SOGA? (you are effectively the retailer, as you bought from the manufacturer direct).

Well my experience and LED TV problems had by friends & family contradicts that..... and based on that, i'll stick to only buying TV's with a 5 yr warranty.

Your experience is only based on tiny numbers, the big picture is very different - although I'd certainly advise 5 year warranties if you can get them.

Slightly confused message over the retailer.

The OP says he bought it direct from Samsung. But then goes on to say that he bought it through a friend who worked for Samsung (presumably for staff discount)

Did he pay Samsung or did he pay his friend? If his friend bought it, then it will be covered under some warranty specified in that contract, but the SOG act wouldn't apply.

This is were a lot of people fall short to what the Sale of Goods Act (SOGA) actually is. The SOGA relates to inherent faults, so even if you believe that the TV should last longer than two years, you would still need to prove an inherent fault was there from day one and was always going to materialise at some point in the future. If you can't do this, then it's pointless quoting the SOGA other than to try on your chances. The SOGA is good but it isn't some magical thing that everyone thinks it is.

Forgetting the friend who bought it for him for a second, if Samsung are selling products in the UK, then they would have to abide by any SOGA claims.

Is this some retail outlet run by Samsung that anyone can purchase from or an employee only scheme? If the latter then I seriously doubt the Sale of Goods Act will apply.

SoGA only applies to goods purchased from a retail business selling to the public. I doubt that a company selling goods only to it's employees directly would fall under that description.

I don't see why not? They would still be trading and they are still selling. Where does it state the SOGA only relates to a retail business selling to the public?

Only if they were selling retail - which they probably aren't? - the OP presumably bought it cheap as a 'trade sale' where the SOGA doesn't apply.

Why probably aren't they

Where does the SOGA state it doesn't apply to trade sales?

where does it say it does?

Well the name gives it away. Sale of Goods. Sale of goods to a consumer. I was wondering where it states it wouldn't apply in trade sales as it's still a sale of goods.

so if i sell something to you via gumtree (for example), would the SOGA apply for that sale? i'm sure you know the answer is no.

the SOGA does not cover every sale from one person to another (be it a company or an individual). it covers certain sales.

But we aren't talking about private sales we are talking about Samsung selling a product. I'm having difficulty understanding why Samsung wouldn't have to abide by the SOGA if they sell an item regardless if it's to a member of staff.

we're talking about samsung selling a product to an employee under an employee bonus scheme. that is very different to a retail sale.

the point being that SOGA covers certain sales.
even if it did cover this sale, the buyer (and this isn't the OP in this instance) would have to prove inherent manufactured fault as it's now over 2 years old.