Fridge Freezer broken and Servis in administration - what options?

damianp_2

Grateful for some advice.

We have a 10 month old fridge freezer and it has stopped working. We contacted the vendor we bought it from who passed us on to Servis (the fridge manufacturer). An engineer visit was arranged for Friday 24 Oct - they didn't turn up. It transpires that Servis UK have gone into administration.

I re contacted the vendor who in fairness were unaware of the Servis situation. They said they would repair the fridge freezer themselves - downside they are in Birmingham and I'm in Essex. They told me I would have to get the goods couriered back to them.

Where do I stand here? I am under the impression that the vendor is reponsible for making sure that I have a Fridge Freezer that is fit for purpose (under the Sale of Goods Act). Should I be pushing for a new Fridge Freezer?

Many thanks for the advice in advance.

Damian

vikingaero

Did you pay by Credit Card or a Visa debit card?

damianp_2

vikingaero wrote: »

Did you pay by Credit Card or a Visa debit card?

Credit card - should this make a difference?

LinasPilibaitisisbatman

They are telling you to send it to them to fix it, therefore they are doing what they should under the SOGA

Its almost a year old so of course a replacement won't be the first thing to happen

You need to allow them reasonable time to repair it

Now stop moaning and get it sent back to them or are you one of those folk who get good service, cause delays yourself by moaning then moan about the delays.

damianp_2

LinasPilibaitisisbatman wrote: »

They are telling you to send it to them to fix it, therefore they are doing what they should under the SOGA

Its almost a year old so of course a replacement won't be the first thing to happen

You need to allow them reasonable time to repair it

Now stop moaning and get it sent back to them or are you one of those folk who get good service, cause delays yourself by moaning then moan about the delays.

Thanks for your response - the tone (really don't think I was moaning - simply asking for advice) provided me with the motivation to read through the SOGA myself.

My understanding is that after six months a repair should be offered at the full expense of the vendor and providing it does not generate an 'unreasonable' level of inconvenience to the buyer. In this situation:

1) I have a fridge that doesn't work (the freezer does) - therefore sending it back to Birmingham would mean we would loose the contents
2) I'm being asked to incur the costs of couriering the fridge freezer

I'd suggest it fails both the tests in SOGA.

Thanks for your attempt at providing me with some direction on this one.

LinasPilibaitisisbatman

damianp wrote: »

Thanks for your response - the tone (really don't think I was moaning - simply asking for advice) provided me with the motivation to read through the SOGA myself.

My understanding is that after six months a repair should be offered at the full expense of the vendor and providing it does not generate an 'unreasonable' level of inconvenience to the buyer. In this situation:

1) I have a fridge that doesn't work (the freezer does) - therefore sending it back to Birmingham would mean we would loose the contents
2) I'm being asked to incur the costs of couriering the fridge freezer

I'd suggest it fails both the tests in SOGA.

Thanks for your attempt at providing me with some direction on this one.

No thats what people would like it to say

1)Unfortunate but not their fault
2) This is not acceptable but you should pay them and ask for a refund once they repair it.

The fault may well be your fault for example - look out a thread about a car radio for the position on this bit

damianp_2

Thank you for your interpretation. I'll seek out the car stereo post.

petrafyde

Hiya Damian,

You really need to be reading the small print of the agreement (what you accepted when you purchased - check the bottom of the web page if there is nothing else) to start with to see what the original 'seller' agreed to uphold.

If Servis are in adminstration, then its likely you're stuck, but if you're really lucky they may well be being taken over by another company who will cover the trouble -- give it a few more days and ring again. That's what we had to do with Evesham over a 42" TV and the people who were taking over replaced it FOC of any courier charges etc.

alared

http://ertonline.co.uk/default.aspx.locid-05nnew206.Lang-EN.htm

Tozer

petrafyde wrote: »

Hiya Damian,

You really need to be reading the small print of the agreement (what you accepted when you purchased - check the bottom of the web page if there is nothing else) to start with to see what the original 'seller' agreed to uphold.

If Servis are in adminstration, then its likely you're stuck, but if you're really lucky they may well be being taken over by another company who will cover the trouble -- give it a few more days and ring again. That's what we had to do with Evesham over a 42" TV and the people who were taking over replaced it FOC of any courier charges etc.

That's not correct. No contractual terms, when dealing business to consumer, can exclude the implied terms of the Sale of Goods Act.

On the assumption that the fridge is genuinely faulty (and no reason to suggest otherwise), then it is not fit for purpose or of satisfactory quality within the meaning of SOGA. You are entitled to a repair or a replacement. Possibly a refund although this is less certain.

As you paid by credit card, you have exactly the same rights against your credit card provider as you do against the retailer.

In theory, you could get the fridge repaired locally and claim costs from either the retailer or the credit card provider. This may be more practical than paying courier charges.

roddydogs

Since when have large goods not been repaired "in House"? asking you to get it to them is ridiculous.