Re: Pixel policy
- From: "Agamemnon" <agamemnon@xxxxxxxxxxxxxxxx>
- Date: Mon, 4 Feb 2008 21:17:44 -0000
"David Hearn" <dave@xxxxxxxxxxxxxxxxxxxx> wrote in message
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Agamemnon wrote:
"tpow" <wd40@xxxxxxxxxxxxxx> wrote in message
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"Agamemnon" <agamemnon@xxxxxxxxxxxxxxxx> wrote in message
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"Steve Thackery" <nobody@xxxxxxxxxxx> wrote in messagethe suppliers terms and Conditions say,
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My point it, does the supplier actually claim it's Class 1 compliant?It makes no difference. If the class is not clearly mentioned the ISO
Or Class Anything compliant?
standard states that the screen is assumed to be Class 1.
Are you saying that all flat panel TVs MUST - in law - comply withAccording to the ISO standard all LCD screens are sold as Class 1
Class 1 unless stated otherwise?
screens unless it is stated clearly and prominently that they are not.
The retailers cannot say afterwards, oh but the small print at the end
of the manual says its Class 2. You don't get to read the manual in the
shop.
I didn't think the ISO standard was legally mandated.It legally mandated that if someone claims by omission that the screen
meets the ISO standard Class 1 and it does not because there are pixel
defects then they are misrepresenting what they are selling and are
breaking EU law. All flat panels are sold on condition they meet ISO
standards therefore unless you are told otherwise the standard states
that the screen is being sold as Class 1 compliant, ie. no defective
pixels or subpixels. This is on top of the Sale of Goods Act which
would classify a screen with defective pixels as being of unmerchanable
quality and not fit for purpose even if it is stated it is only Class 2
compliant, since a consumer is not expected to know what ISO standards
classifications mean. Under the distance selling act if you are not
satisfied with the screen and return it within 7 days even if the box
has been opened and the good have been used then you have the automatic
right to your money back. Under the Sale of Goods Act you have the
right to a replacement or your money back if the goods are defective or
are not fit for the purpose which they are sold, if you make a
complaint or return the goods with 30 days of purchase. The
manufacturers or retailers also have to guarantee the good for a
reasonable period of time. If a £3000 LCD screen breaks down after only
3 or even 5 years the must fix it or replace it or compensate you even
if they state the warranty is only for a year. You don't pay £3000 for
something that will only last a year.
SteveT
Is the customer expected to have read all that?
NO!
According to the law the suppliers terms and conditions are not legally
binding on the customer since they were not freely negotiated with the
customer.
Yes they are. The Terms and Conditions are legally binding, as long as
they're made available at time of purchase (back of the invoice is
sufficient) and that they're not unfair (eg. poor balance of power etc).
If the terms and conditions must be negotiated with each and every
purchaser, then that could make for one very long transaction.
In effect though, the negotiation will go:
Retailer: "Do you accept our terms and conditions"
Customer: "No"
Retailer: "Okay, bye".
They're free to walk away from the transaction if they're unhappy with the
T&Cs.
If the customers doesn't get to see the temps and condition until after the
purchase because they are only printed on the receipt and the retailer then
clams the customer agreed to them then that's fraud. If the customers think
the terms and conditions are unreasonable then they can claim they were
making the purchase under duress. Unreasonable terms and conditions will not
stand up in court.
They do not state a class............
Then they are Class 1 according to the terms of the ISO standard and must
not contain any defective pixels, irrespective of how much the
manufactures want to whinge. Unless it is stated clearly on the product
in the show room that it is other than Class 1 the manufactures claims
will not stand up in court. You have the right to a product without
defects and if you don't like it you may return it within 30 days for a
refund.
Just because an ISO standard has been written, doesn't make that standard
mandatory.
As I said before, please can you provide evidence to support your
insistence that even if no mention of ISO 13406-2 is made (therefore no
claim that it meets that standard) - that the display must still meet ISO
13406-2.
READ WHAT I ACTUALLY SAID!
If the ISO 13406-2 standard is advertised and no mention is made of the
class, Class 1 the display is deemed to be compliant with Class 1 of the
standard. If a retailer sells you an ISO 13406-2 compliant screen and
doesn't tell you it is anything other than Class 1 and it has got dead or
lit pixels then they are committing fraud and have violated the Trades
Descriptions Act.
D
.
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