Plasma Damaged on Return from Warranty

Lkinghuzi on 06/04/2016 - 19:38
Last edited 06/04/2016 - 21:56 by 1 other user

Hi Guys. Need a bit of advice.

I had my 2 year old plasma picked up under extended warranty. It was repaired and on its way back the delivery guy asked my partner to help him bring it in the house. She was reluctant but agrees to help. Whilst bringing it in she fell and the plasma screen was smashed. She suffered bruised back and sprained neck.

I am asking the original vendor to refund me the original price plus gst plus extented warranty. They seem to be blaming the subcontracted repairer who blames the driver. They have sent the case to the drivers insurer and I am awaiting contact. What should I do in this case. I am not inclined to accept a repair or replacement plasma. Should I be taking this to fair trading and go after the vendor. Any advice from experience will be appreciated.

Electrical & Electronics

Comments

  • oscargamer on 06/04/2016 - 20:10
    +3

    once the delivery guy asked your partner to help, he included her/him into his employ

    his insurance is obliged to cover any damage they (the two of them, either individually or as a team) caused

    • whooah1979 on 06/04/2016 - 20:31

      once the delivery guy asked your partner to help, he included her/him into his employ

      did she sign a contact of employment?

      • oscargamer on 06/04/2016 - 20:49

        utterly irrelevant

  • loulou1 on 06/04/2016 - 20:26
    +3

    Don't think you should be entitled to refund of original costs.
    I think a fair outcome is replacement or repair of the damaged television. I am unsure why you would be unhappy with this outcome. Once repaired or replaced, you are in the same situation as you were before it initially broke.

  • whooah1979 on 06/04/2016 - 20:36

    Whilst bringing it in she fell and the plasma screen was smashed.

    this is the tricky part. will the insurer say that she is technically the party that caused the damage?

  • Gabe on 06/04/2016 - 20:41
    +1

    I agree with loulou1, I don't know why a refund would even be on the table? Obviously it would suit you better because who wouldn't want a free TV upgrade but I don't think this is the way to get it. The delivery driver obviously had a lapse of judgment in asking your partners help, the delivery shouldn't have been either of your problem. Getting past that, the fact that she was the one to drop TV makes getting a refund abit of a stretch. I would take a repair/replacement.
    Sorry if it's not the answer you were hoping for but realistically I think it's the best outcome you can hope for.

  • Findo on 06/04/2016 - 20:42

    Never, ever help a delivery driver who is delivering big stuff to you. They have been paid to do this work and if you get involved, they could blame you.

  • 17833 on 06/04/2016 - 20:46

    Can't offer advice but very interesting situation. Plasma TV's are really heavy and there is no way 1 person could safely lift it. Surely this situation must occur frequently, I wonder what would happen if the driver was dropping the TV off to an elderly person who could not assist the driver. In this situation surely the TV should be dropped off by a 2 person crew capable of safely moving a delicate item. I would imagine your partner may have felt pressured to assist the driver as there was pretty much no other option to get the TV inside. Hope it works out for you and your partner is OK.

    • whooah1979 on 06/04/2016 - 20:50

      In this situation surely the TV should be dropped off by a 2 person crew capable of safely moving a delicate item.

      many carriers include a clause in their t&c that state their driver/s won't deliver beyond the ground floor.

  • akyeeeahdude on 06/04/2016 - 21:23

    I'm sorry but why would the vendor be responsible?

    I do understand - it is a bit of an issue with heavy items but the onus is on the courier to make a safe delivery. They should've had a trolley. That's how much 60" Plasma was delivered by Star Track. Even when I had a HEAVY massage chair delivered on Ebay, the courier wanted some help from my wife (I was at work) and she said no. In the end, he did it using a trolley, very carefully and slowly.

    Your wife dropping pretty much seals your fate unfortunately. Sorry mate.

  • thepigs on 06/04/2016 - 21:26

    you might find you get a cash amount anyway as they don't make plasmas anymore. assuming the insurance company pays.

  • kinghuzi on 06/04/2016 - 22:50

    It was unreasonable of the delivery guy to ask my wife to help. She never signed any waivers that forgo his responsibility. My contract is with the vendor and not with the delivery drive/repairer thus seeking compensation from them. Will wait and see what the insurer says. She is not trained in heavy lifting and does not have the operating safety and health requirements to carry such a load thus why I feel.the driver is in the wrong to have asked her.

    Reason why I feel I should be entitled to the full original amount is that as the damage is extensive and the television will be repaired but will never be returned to its former condition completely I should be released of my.original purchase contract. A TV of $2500 coat should have a reasonable life of 10-15 years so this is still pretty early in its life. Waiting to see what the insurer says.

    • whooah1979 on 06/04/2016 - 23:05
      +1

      She is not trained in heavy lifting and does not have the operating safety and health requirements to carry such a load thus why I feel.the driver is in the wrong to have asked her.

      is your wife a person of sound mind? if yes, then she could have simply said "no, won't help you because blah blah".

  • Geewhizz on 07/04/2016 - 07:07

    I am not inclined to accept a repair or replacement plasma.

    You're not entitled to anything else, and you're certainly not entitled to a refund of extended warranty, even if you do somehow manage a payout on the TV. You've already utilised it for a start.

    Your wife should really have said no. The health of her back is worth more than any TV.

  • plowry1977 on 07/04/2016 - 08:00

    Cant offer too much to claim, but when we made a warranty claim on a $2k tv, I think the terms if insurance stated a like for like or equiliant TV. So was offered $800 tv, but for cash we would get only $500. So we went for new TV which in 4 years was bigger and vastly better functionality wise than original.
    I think you have a good case for replacement TV, but think unlikely you would get original cost back. But good luck

  • Enzalicious on 10/04/2016 - 22:09

    Same thing happened to me. They fixed the Tv including replacing the bezel. 7 years on its still going strong.

  • kinghuzi on 25/04/2016 - 11:31

    Had a positive outcome guys. Wrote a demand letter with reply in 10 business days or I will take it to ACCC and Legalaid. Got a call two days later and delivery guys insurance have agreed to pay out the original price of TV plus GST and the extended Insurance that I had taken. $2800 back all up. Good timing too as the Sony 75x8500c just fell below 4k.

  • kinghuzi on 25/04/2016 - 11:33
    +1

    I had to do a bit of research and managed to find a couple of court cases where delivery guy had asked household to help and it clearly mentioned that this is equal to take them into employment. Put that in my letter and might have swayed the insurer.

    • Olokun on 25/04/2016 - 12:15

      Can you link the cases? Might help others if they are ever in the same situation.

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