Hi Camilla,
As usual you are being given the run around but liability for replacement rests with Comet not Sony (although that avenue is open to you).
The Sale of Goods Act 1979 as amended up to date to 1/10/2003 states the following (48A (1) (b) applies in your case):
48A Introductory
(1) This section applies if—
(a) the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and
(b) the goods do not conform to the contract of sale at the time of delivery.
(2) If this section applies, the buyer has the right—
(a) under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
(b) under and in accordance with section 48C below—
(i) to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
(ii) to rescind the contract with regard to the goods in question.
(3) For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.
(4) Subsection (3) above does not apply if—
(a) it is established that the goods did so conform at that date;
(b) its application is incompatible with the nature of the goods or the nature of the lack of conformity.
Also (refer to (48B (1) (b)):
48B Repair or replacement of the goods
(1) If section 48A above applies, the buyer may require the seller—
(a) to repair the goods, or
(b) to replace the goods.
(2) If the buyer requires the seller to repair or replace the goods, the seller must—
(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
(3) The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—
(a) impossible, or
(b) disproportionate in comparison to the other of those remedies, or
(c) disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.
(4) One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—
(a) the value which the goods would have if they conformed to the contract of sale,
(b) the significance of the lack of conformity, and
(c) whether the other remedy could be effected without significant inconvenience to the buyer.
(5) Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—
(a) the nature of the goods, and
(b) the purpose for which the goods were acquired.
I suggest that you get back to them and inform them that they are in breach of the Sale of Goods Act 1979 (as amended) and that if they fail to replace the unit you will pursue the matter in the Small Claims Court.
Another useful link.
Go n-éirí an bóthar leat
