Rights regarding faulty product.

  shaduf 20:45 25 Oct 2009

On the 4th July I purchased from the retail shop of a large mail order business a just released Panasonic BS850 Blu-ray Recorder for £849. Obviously I knew the price would fall after a while but I was prepared to pay the price of being an early purchaser. A brilliant machine but unfortunately it kept missing timed Freesat recordings and had several other major problems. It’s a complex machine and I assumed I would sort it out before long.
On the 13th August things hadn’t improved so I went back to the shop. I don’t think the only person there was really capable of solving the problems and I came away with the suggestion that I experimented a little more.
Then I started searching the net and found I was not alone with these problems. On two forums there were people suffering the same difficulties so I followed the comments and suggestions with great interest. Several people had been in touch with Panasonic but no one had a solution.
On the 22nd September I rang Panasonic who at first denied any knowledge of a problem but when pressed, and after checking with others he came back and said they were aware of the points I was raising and expected to have a cure within about a couple of weeks and a software update would most likely be sent to my machine via Freesat.
On the 1st October I went back to the shop, saw two persons who knew what they were talking about but they said they had sold many machines and had not heard of these problems. Eventually they rang Panasonic who confirmed to them more or less what they had told me but told the dealer they expected to have a solution within a couple of weeks and it would take the form of a CD/DVD for the dealers or customers to use to upgrade the software.
Yesterday, 24th October, after 7 out of 7 timer recordings had failed the previous day I parcelled the machine up and took it back to the dealer. I asked them to replace the machine with a new fully working one. They said that wasn’t a solution because they all had the same software and for that same reason they couldn’t repair it. I pointed out that I paid £849 for a machine that doesn’t work properly, has never worked properly and they could not make it work properly. Therefore the machine was unfit for purpose.
They are now selling the recorder for £749, so I believe that since the recorder has been virtually useless since I bought it I should be put back in the position I was in before the purchase and pay whatever the going rate is when they can eventually supply me with a working model.

Eventually they persuaded me to give them another week to sort something out with Panasonic and I agreed to this. I would be obliged if anyone could add anything to my thoughts especially concerning my rights and a fair and sensible course for me to follow next week as I will surely need to do!

  Ge-orge 20:53 25 Oct 2009

It's upto the shop to offer a repair, replacement or a refund of the amount paid, potentially minus an amount for usage. It is up them to choose which is the most economically viable to them and if they choose to repair they must do it within a reasonable amount of time.

  wjrt 20:55 25 Oct 2009
  spuds 22:33 25 Oct 2009

It is not up to the shop to offer a repair, replacement or a refund within the first six months if the item is found to be 'not fit for the purpose', and Panasonic seems to have confirmed that they are trying to find a solution to a 'known' problem. In a situation like this, it is the buyer who as the legal rights laid down by consumer law.

As already suggested by wjrt, contact Consumer Direct or your local Trading Standards for further advice.

  ened 06:02 26 Oct 2009

It is not up to the shop at all!

Especially since there does not seem to be a dispute over the instability of the product.

shaduf My advice would be to take it in there today and obtain a FULL refund. The business about taking something off for usage is utter rubbish.

They are effectively asking you to wait for the equivalent of a BIOS upgrade - I have never been really keen on flashing the BIOS and certainly not on a brand new product.

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