Manufacturer Warranties and Protection Plans

[joekaf]

We have a 42" Philips Plamsa 42PF9966 originally purchased on 12/26/2004. After the original 4-year service plan ran out, we purchased a one-year Renewal Service Plan. The TV developed several problems including the screen going black and the upper right quadrant not showing a picture. After about 6 weeks of repair attempts, the repair company claimed it was not repairable and we were approved for an exchange. To quote from the Plan, "At our discretion, your product may be replaced with a new or rebuilt comparable product that meets the manufacturer's specifications of the original product, or you will receive a reimbursement (in the form of a check, voucher, or gift card) in an amount equal to the original purchase price. 

The Specifications documentation for the 42PF9966 clearly (and rather prominently) lists Ambilight as a specification. According to the RSP, if Best Buy cannot replace the TV with a product that meets the specs of the "original product," we should recieve a "reimbursement in the amount of the original purchase price." There is no other way to read the clause. The fact that it is impossible to replace the TV because Philips no longer manufactures the product and Ambilight is no longer an available feature is irrelevant to the clause.

However, the store claims that they will only replace the TV. 42" flat screen appears to be the only "specification" that matters to them. To me, this is a clear violation of the Renewal Service Plan contract and we are extremely displeased with Best Buy's behavior.

[Nokia]

But is it essential to the operation of the TV? From what I remember, Ambilight was entirely a gimmick, and not a very successful one. Also, since you can no longer purchase a TV with Ambilight, what are you going to do with the store credit? I am assuming you'll purchase a replacement TV. So what's the problem? You're getting another TV.

Almost every TV has some mfg.-specific feature. My Panny has Vieralink, but I don't use it. Sonys have a million little useless features. It sounds to me like you're using Ambilight to get more than you're entitled to.

[joekaf]

I'm not sure what you mean. What I'm "entitled" to is clearly spelled out right in the contract. It doesn't say anything about what specifications constitute "essential features" and which ones constitute "gimmicks." It says "meets the manufacturer's specifications of the original product". There's nothing to interpret. A replacement either meets the mfg's specs or it doesn't, and the mfg's specs for my TV clearly and repeatedly list Ambilight. What I plan to do with the reimbursment is completely irrelevant to the terms of the contract. Best Buy is trying to not honor the contract.

[Nokia]

Even if the TV did not have Ambilight, it'd still be impossible to meet the specs, since BB no longer sells Philips TVs.

My point was that if this type of thing was allowed, TVs would almost never be replaced, since there is always some tiny feature (could even be a different dot pitch for the pixels) that is not avaliable.

[joekaf]

From a logical standpoint I understand what you're saying. But it still doesn't change the terms of the contract. If BB wants to avoid giving full reimbursments on five year old TVs, they need to change the language of the contract that says "meets the manufacturer's specifications of the original product, or you will receive a reimbursement (in the form of a check, voucher, or gift card) in an amount equal to the original purchase price. "

If what they mean is "will replace your TV with one with the same screen dimensions and same resolution" then that's what the contract needs to say. But it doesn't. What anybody thinks might make sense or what it "really means" (which is a line I heard on the phone) is totally irrelevant. The words on the contract are crystal clear.

We'll be going back to BB this weekend with a copy of the contract, the original receipt, and the manufacturer's specifications of the original product. I sincerely hope they honor the contract.

[Nokia]

Well, it's just my opinion, but everyone is entitiled to one. In your situation, since Ambilight is no longer avaliable, I'd be fine with another 42" TV of the same resolution.

[justinfcoffey]

From what I know about the subject, if a PSP has authorized an exchange and there is no comparable SKU then the purchase price of the original television is issued to a store credit for the customer to do what they want with it.

However, like some of the other posts have stated, I do not know if the Ambilight feature is considered a required comparable feature. I believe the comparable features include brand status, television size, LCD/Plasma, refresh rate, etc. Not additional MFG-specific features. I think it's core-product features only.

(and Brand Status means we're not going to exchange your Phillips for an Insignia or Dynex.)

[Aaron-BBY Community Connector · Accepted solution]

Hey joekaf,

Like other posters have pointed out, comparable models are generally determined on a spec-by-spec basis whenever products are approved for an exchange under service plan coverage.  It has been my experience, however, that only basic hardware features are taken into consideration when an exchange is processed.  Those features include the following:

•    TV type (Plasma vs. LCD cs. CRT)
•    Screen size
•    Resolution
•    Refresh rate
•    Built-in features, such as DVD players

That being said, I was pleased to learn that your local store was able to help you find a resolution to this issue.  If you are still in need of assistance, please do not hesitate to let me know.  You can send me a private message by clicking on either my signature below or the letter icon in the upper right-hand corner of the page.

[joekaf]

Thanks Aaron -

Yes, we were very satisfied with the help we got from the Magnolia team at the Sterling Best Buy. We were basically given free reign to select any TV up to the price of the original purchase.

Having said that, I still strongly believe that the language in the replacement contracts is inconsistent with Best Buy's replacement policy. If it's only the "basic hardware features" that need to be met by a replacement, then that is what the contract should say.

[Nokia]

Actually, I'd prefer it listing the specs that Aaron listed, as I could see arguments arising from "basic hardware features."