Quick question regarding sale of goods act-faulty appliance.
Discussion
Hello all,
Basically our American style fridge-freezer is on the fritz. The freezer while cold enough to keep the majority of food frozen isn't getting cold enough to properly freeze ice cream. Anyhow we've had it 2.5 years and cost 2K. Had a 2 years manufacturers warranty which is now expired.
I don't think it's unreasonable to to expect an appliance that cost 2K to last more than 2.5 years? So what's my best course of action? Contact the manufacturer or the store I bought it from? Wanted at least a bit of advice before getting in touch so I'm armed if needed and can't fob me off.
Thanks in advance.
Basically our American style fridge-freezer is on the fritz. The freezer while cold enough to keep the majority of food frozen isn't getting cold enough to properly freeze ice cream. Anyhow we've had it 2.5 years and cost 2K. Had a 2 years manufacturers warranty which is now expired.
I don't think it's unreasonable to to expect an appliance that cost 2K to last more than 2.5 years? So what's my best course of action? Contact the manufacturer or the store I bought it from? Wanted at least a bit of advice before getting in touch so I'm armed if needed and can't fob me off.
Thanks in advance.
a311 said:
Hello all,
Basically our American style fridge-freezer is on the fritz. The freezer while cold enough to keep the majority of food frozen isn't getting cold enough to properly freeze ice cream. Anyhow we've had it 2.5 years and cost 2K. Had a 2 years manufacturers warranty which is now expired.
I don't think it's unreasonable to to expect an appliance that cost 2K to last more than 2.5 years? So what's my best course of action? Contact the manufacturer or the store I bought it from? Wanted at least a bit of advice before getting in touch so I'm armed if needed and can't fob me off.
Thanks in advance.
Neither the retailer nor the manufacturer owe you anything by right. It's a thing, and things break - just because many fridges might last longer than 2.5 years, the fact that this one didn't doesn't mean it wasn't satisfactory quality (etc) for the purpose of the terms implied by statute. Basically our American style fridge-freezer is on the fritz. The freezer while cold enough to keep the majority of food frozen isn't getting cold enough to properly freeze ice cream. Anyhow we've had it 2.5 years and cost 2K. Had a 2 years manufacturers warranty which is now expired.
I don't think it's unreasonable to to expect an appliance that cost 2K to last more than 2.5 years? So what's my best course of action? Contact the manufacturer or the store I bought it from? Wanted at least a bit of advice before getting in touch so I'm armed if needed and can't fob me off.
Thanks in advance.
That's not to say it was satisfactory quality, but you're so far past the sale date and the first 6months after where a fault arising would be presumed to have been present at time of sale that you'd have a steep uphill battle to fight to prove it was.
Your only chance is to appeal to the good will of one of them, and I'd expect your best chance will be the manufacturer. I don't fancy your chances though!
a311 said:
I don't think it's unreasonable to to expect an appliance that cost 2K to last more than 2.5 years? So what's my best course of action? Contact the manufacturer or the store I bought it from?
Your contract - and your legal comeback - is with the retailer.But anything they do for you will be goodwill.
If you want more than they're willing to give you, then you need to get legal, with the costs and risks implicit in that.
a311 said:
Hello all,
Basically our American style fridge-freezer is on the fritz. The freezer while cold enough to keep the majority of food frozen isn't getting cold enough to properly freeze ice cream. Anyhow we've had it 2.5 years and cost 2K. Had a 2 years manufacturers warranty which is now expired.
I don't think it's unreasonable to to expect an appliance that cost 2K to last more than 2.5 years? So what's my best course of action? Contact the manufacturer or the store I bought it from? Wanted at least a bit of advice before getting in touch so I'm armed if needed and can't fob me off.
Thanks in advance.
Why buy it then, if the warranty was never going to be good enough?Basically our American style fridge-freezer is on the fritz. The freezer while cold enough to keep the majority of food frozen isn't getting cold enough to properly freeze ice cream. Anyhow we've had it 2.5 years and cost 2K. Had a 2 years manufacturers warranty which is now expired.
I don't think it's unreasonable to to expect an appliance that cost 2K to last more than 2.5 years? So what's my best course of action? Contact the manufacturer or the store I bought it from? Wanted at least a bit of advice before getting in touch so I'm armed if needed and can't fob me off.
Thanks in advance.
First port of call is the seller, with whom you have a contract. Who will very likely fob you off, and very likely validly so.
The more useful course is to find a repair agent authorized by the manufacturer and get it fixed.
Greg66 said:
Why buy it then, if the warranty was never going to be good enough?
First port of call is the seller, with whom you have a contract. Who will very likely fob you off, and very likely validly so.
The more useful course is to find a repair agent authorized by the manufacturer and get it fixed.
Thanks for the replies. How would you ever know how long something is going to last? And therefore how would you know if the warranty was good enough? Up to 8 years old you can phone one of several companies and buy a service plan for £100-£140 a year.First port of call is the seller, with whom you have a contract. Who will very likely fob you off, and very likely validly so.
The more useful course is to find a repair agent authorized by the manufacturer and get it fixed.
You pay your money and take your chances but I thought that's what the sale of goods act was there for, although it seems to be a bit of a grey area. I'll try the seller today.
a311 said:
but I thought that's what the sale of goods act was there for, although it seems to be a bit of a grey area.
Not really. It's very clear.What it doesn't - and can't possibly - do is to specify expected life for every single product that you might buy. That'd obviously be ridiculous. So every case needs to be judged on the individual merits. And the only way to do that is to take it to court and let an independent opinion decide.
TooMany2cvs said:
Not really. It's very clear.
What it doesn't - and can't possibly - do is to specify expected life for every single product that you might buy. That'd obviously be ridiculous. So every case needs to be judged on the individual merits. And the only way to do that is to take it to court and let an independent opinion decide.
Taken from the previous poster link: It’s very much open to interpretation but don’t forget the Sale of Goods Act specifically qualifies the phrase that a product should last a reasonable time by saying “reasonable” is “that (which) a reasonable person would regard as satisfactory”.What it doesn't - and can't possibly - do is to specify expected life for every single product that you might buy. That'd obviously be ridiculous. So every case needs to be judged on the individual merits. And the only way to do that is to take it to court and let an independent opinion decide.
If it's got a coolant leak, it would be warm after a few days. It's extremely unlikely a fridge-freezer would keep things cool and not cold. As mentioned above, defrost, thoroughly clean and then try again.
If that doesn't work, it may just be that the thermostat has wandered out of calibration/is on the fritz. Certainly no need for a new appliance for that though.
If that doesn't work, it may just be that the thermostat has wandered out of calibration/is on the fritz. Certainly no need for a new appliance for that though.
Jonno02 said:
If it's got a coolant leak, it would be warm after a few days. It's extremely unlikely a fridge-freezer would keep things cool and not cold. As mentioned above, defrost, thoroughly clean and then try again.
If that doesn't work, it may just be that the thermostat has wandered out of calibration/is on the fritz. Certainly no need for a new appliance for that though.
This. You wouldn't buy a £2.5k car and presume it was scrap if it started to run a bit slower, you'd either have a look at what is wrong yourself, or get someone who knew about them to have a look. You might even post in an appropriate forum looking for possible solutions ?If that doesn't work, it may just be that the thermostat has wandered out of calibration/is on the fritz. Certainly no need for a new appliance for that though.
Th first respondant's answer is not strictly true.
You did purchase under the SOGA and not the new consumer rights that replaced it. So SOGA applies.
Under SOGA, your rights are as follows:
A fault that occurs within 6 months of purchase must be fixed by the retailer, unless they can prove that the fault was not present at the time of purchase.
A fault that occurs after the 6 months and up to 6 years after purchase must be fixed by the retailer if the purchaser can prove that the fault was present at the time of purchase. The SOGA allows for a partial refund in this period if the repair is uneconomical. It also allows for the fact that stuff doesn't last forever, no matter how much it originally cost.
These rights are in addition to any warranty offered by the retailer or manufacturer.
http://www.which.co.uk/consumer-rights/regulation/...
You did purchase under the SOGA and not the new consumer rights that replaced it. So SOGA applies.
Under SOGA, your rights are as follows:
A fault that occurs within 6 months of purchase must be fixed by the retailer, unless they can prove that the fault was not present at the time of purchase.
A fault that occurs after the 6 months and up to 6 years after purchase must be fixed by the retailer if the purchaser can prove that the fault was present at the time of purchase. The SOGA allows for a partial refund in this period if the repair is uneconomical. It also allows for the fact that stuff doesn't last forever, no matter how much it originally cost.
These rights are in addition to any warranty offered by the retailer or manufacturer.
http://www.which.co.uk/consumer-rights/regulation/...
a311 said:
TooMany2cvs said:
Not really. It's very clear.
What it doesn't - and can't possibly - do is to specify expected life for every single product that you might buy. That'd obviously be ridiculous. So every case needs to be judged on the individual merits. And the only way to do that is to take it to court and let an independent opinion decide.
Taken from the previous poster link: It’s very much open to interpretation but don’t forget the Sale of Goods Act specifically qualifies the phrase that a product should last a reasonable time by saying “reasonable” is “that (which) a reasonable person would regard as satisfactory”.What it doesn't - and can't possibly - do is to specify expected life for every single product that you might buy. That'd obviously be ridiculous. So every case needs to be judged on the individual merits. And the only way to do that is to take it to court and let an independent opinion decide.
a311 said:
Thasks for the useful replies.
I've requested the thread closed as SP&L seems to now be full of sanctimonious people who like to chime up with so far as I can tell to belittle other posters.
If you've got nothing useful to add don't say anything at all would be my advice.
Carry on.
If you banned all the sanctimonious people and people with nothing useful to say, Pistonheads would suddenly become a very lonely place to be. I've requested the thread closed as SP&L seems to now be full of sanctimonious people who like to chime up with so far as I can tell to belittle other posters.
If you've got nothing useful to add don't say anything at all would be my advice.
Carry on.
editted to add and where would we go? Westminster?
Edited by vanordinaire on Wednesday 8th June 13:36
a311 said:
I've requested the thread closed as SP&L seems to now be full of sanctimonious people who like to chime up with so far as I can tell to belittle other posters.
If you've got nothing useful to add don't say anything at all would be my advice.
I'd love to know which replies those are, because I'm not seeing anything that fits.If you've got nothing useful to add don't say anything at all would be my advice.
TooMany2cvs said:
a311 said:
I've requested the thread closed as SP&L seems to now be full of sanctimonious people who like to chime up with so far as I can tell to belittle other posters.
If you've got nothing useful to add don't say anything at all would be my advice.
I'd love to know which replies those are, because I'm not seeing anything that fits.If you've got nothing useful to add don't say anything at all would be my advice.
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