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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70633
Experience:  Over 5 years in practice
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I bought a new television 8 weeks ago from Currys, I didnt

Customer Question

I bought a new television 8 weeks ago from Curry's, I didn't take out insurance for it. It was damaged last week in the lightning storm's, so Curry's took it away to be repaired but are sending it back tomorrow unrepaired because they can't get the part's for it. It's not covered by the warranty because it was caused by an electrical surge, I was prepared to pay for the repair, but have now got a tv that doesn't work and can't be repaired. Should Curry's have sold me a tv just 8 week's ago which can't be repaired because they can't get the part's for it?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Why have they been unable to get the parts please?
Customer: replied 3 years ago.

The Curry's repair team "Know How" said they can't get the part which has blown, and have given me a parts number and I should search around for it myself. The tv is just 8 week's old and cost over 500.00 pounds

Expert:  Jo C. replied 3 years ago.
Thanks.
Its not particularly good news I'm afraid.
The problem here is fundamentally this. The item was not faulty upon sale. Although you are within the first six months of sale and so the duty is theirs to prove that it was not faulty at sale, they can do so because this was caused by an act of God in the storms.
There isn't really a way around that. Curries are not liable.
Unless, of course, you can show that this TV was particularly vulnerable to storms because of some form of fault that did exist at the time of the sale there is no claim.
I'm very sorry but thats your position.
You could try your house insurance to see if that will cover it.
Can I clarify anything for you?
Jo