More than 3000, the screen was broken and the merchants said: “it is clear that your own finger broke the liquid crystal screen”, and on 8 january, the consumer, chen, complained about it, asking the merchants: “what do you do with the liquid crystal tofu? The hand breaks”。
Chen, who is 51 years old, runs a shop with his wife in the town of yongkang, where he has been ordered to process silks (feathers, cotton)。
On new year's day, chen bought a brand-new lcd at a specialty store on victory street in yongkang city。
On the afternoon of 3 january, the shop was installed at the door and the battery was debugged on a bed-shaped workstation in front of the shop, and it turned off。
In order to ensure the security of the paint, the desk was processed for silk use and, after dinner, chen put it on an empty shelf. He then turned on the television and looked at it while cleaning up the shop. The old chen said that 20 minutes later, when he looked up at the tv again, he found an uncoordinated “colour block” on the right side of the colour screen. “why is this happening?” old chen called the installer on the spot, and the other party responded by calling the store manager。
4 january, old chen called the manager of the store. The following afternoon, the shop manager sent young-sung, authorized by the brander, to the door, to view the lottery, to take photographs and to have chen sign and write the words “request for a change of machine” on his “installation service list”. About an hour after the salesman left, chen received a call from the manager of the store, “it was a human-induced breakup of the inner crystal screen, which was obviously your own finger to break the liquid crystal screen. How much would you pay for a new one, after i have consulted with the factory?” the old chen admirals the notion of artificial damage and says that he does not accept the option of adding money for a new machine。
"little crystal-colored tofu? The hand breaks! What evidence is in the store? On 7 january, chen returned to the store and asked for nothing to do with the goods, then complained to 12315。
The market supervision authority of yongkang city quickly intervened in mediation. In the mediation, the manager of the store stated that the lcd had no problems at the time of commissioning at the workstation and assumed that the television lcd screen had been damaged as a result of chen's subsequent imprudent error on the mobile television. Subsequently, by
As shown in the “build maintenance services list” and “service behaviour report” issued after the sale of yongkang authorized by the brander, the failure was identified as a “television screen” and the reason for the investigation was identified as “the impact stress point at the lower right corner of the screen and a photograph”。
“who will believe that he has produced, repaired and identified his own television?” the aforementioned “identification” was not recognized by chen, and on 8 january, the liquid crystal colour power and its packaging were brought together for arbitration at 12315。
According to a survey conducted by the staff of the youngkang city market supervisory authority, the “service conduct report” issued after the sale of yongkang, which was authorized by the brander, was not a statutory finding, but the photographs taken at the door on 5 january were objective。
A similar observation was made on 8 january at the 12315 office of the parties: the liquid crystal colour screen showed no abnormality when it was out of power, but there was a bursting, dispersed gray crack at the lower right corner of the screen, showing the existence of more than 10 straight stripes between the top and the bottom on the right side of the screen. At the same time, it was found that the plastic sheeting on the upper right corner of the liquid crystal-colored power was damaged。
Is this anomaly in the display screen a problem with the quality of the product per se, or is it damage caused by improper consumer use, maintenance and custody? In the absence of any monitoring at the old chen shop, it is difficult to conclude on the basis of ex post facto observations and assumptions that the parties are not willing to bring their responsibilities under the law, and in the absence of mediation, the parties can resolve the matter only through other legal means。
The city of yongkang market supervisory authority reminds the producer that lcd is a three-pack of goods prescribed by the state, that the principle of “who sells the three-pack” applies; that durable goods such as television sets provided by the operator are found to be defective by the consumer within six months from the date of acceptance of the goods or services, and that if the dispute arises, the operator bears the burden of proof for the defects; for consumers, lcd (especially its main component - the display screen) is strictly based on product instructions. In cases where damage is caused by consumer use, maintenance, improper custody, etc., the operator does not carry out three packages, but a fee may be paid for repairs。
The lcd display screen damage (commonly known as “screen damage”) is understood to be of two types: one is a surface-hard bruise, such as a scratch on the surface, a brake, a liquid crystal spill, etc. It's hard to fix, it's too expensive to change. Because the price of the screen is the bulk of the lcd monitor. The other is damage to the inner screen, such as the presence on the image of multiple irregular stripes or vertical stripes, bright wires, dark lines, etc。
