Cooker Delivered 12 weeks ago.......

Sookie65

I bought an ex-display model Rangemaster cooker on 25 Sept. It was delivered on 20 November. Due to building delays my new kitchen was not finished until yesterday(11/02) so did not go to install the cooker until then. We have had the cooker for 12 weeks. However, when it was fully unpacked the cooker has lots and lots of scratches all over it. There is also a big dent in one of the drawers. None of these faults were there when we bought it "sold as seen". As it is black in colour all of these marks are really noticable. Our gas fitter does not want to fit it because in his opinion it looks like it has been dropped (I have no proof of this!). Can anyone advise me what my rights are under the Sale of Goods Act please? I have read the info on here but because I have had it for 12 weeks I don't know where I stand. The shop is saying it will contact the manufacturer, but I want them to sort it! Thanks.

Esqui

The shop is sorting it. Give them a chance!

I'm sure you can understand that, to them, you've had it 12 weeks. But the fact they are trying to help acknowledges that they are trying to help. One thing that confuses me though: wouldn't an ex-display cooker already be unpacked when it got to you?

Sookie65

It was bubble-wrapped and placed on a pallet in our garage. I have just spoken to the shop manager and he is saying that because we have had for 12 weeks and damage is "only cosmetic" then tough! I quoted Sale of Goods Act to them and he says he now needs to speak to his head office, but his attitude is not good. We only had it delivered earlier than we wanted because he insisted that they could not hold it for us any longer.

vicshippers

I agree with Esqui - they are trying to sort it for you, so give them a chance.

Personally I think that it's perfectly reasonable for them to do nothing as you've had 12 weeks to inspect the cooker. Whether or not it was only fitted this week, really you should have had a good look at it within a week of arrival. Especially with the item being ex-display, and so an increased chance of it being scratched/bumped and some level of cosmetic damage has to be expected.

Sookie65

We didn't inspect it (which in hindsightI know was really stupid) but because it had to be stored in the garage we thought it was best to leave the bubble wrap intact. The shop have just phoned and said that trading standrds have said they don't have to do anything but they want to send an engineer out to fix it. I have said no as I am worried that I am accepting to keep it if I agree, and how can you fix loads and loads of scratches. Does anyone know what my rights are please?:(

pmduk

If the scratches are only cosmetic and it was sold as seen, I don't think you've much recourse. If their engineer says it is safe to install then the ball is in your court. Just emsire their engineer is fully gas safe registered (or whoever took over from CORGI.)

RadoJo

Was the cooker sold at a discount to you because it was ex-display? If so, what kind of discount did you get? If this is the case, then I would have thought that the retailer would expect that the marks were already present when you saw it in the shop, meaning the onus would be on you to prove that they either weren't visible or weren't there when you originally saw it, which is going to be a difficult job.
Also, if you aren't prepared to let an engineer come and look at it, then I'm not sure what else the shop can do - what do you want them to do?

Sookie65

Re scratches: they were not on the cooker when we bought it. We inspected it with the sales person and our receipt says "sold as seen - damage to the left side". There is also a dent on the bottom drawer which effects its closure, which was also definately not there when we bought it. Also, I thought that with Gas goods, if a Corgi fitter doesn't want to fit it because he is concerned we had a pretty good case? We paid £1100 for it, so it wasn't cheap!. Ideally I would like a refund or a replacement. The reason I don't want an engineer is because this website advises you to deal with the retailer, not the manufacturer. Also the Sales of Goods Act still applies to sale goods - they have to be of satisfactory quality. It's more the 12 weeks that I am concerned about, and how that effects my rights.

somethingcorporate

Sookie65 wrote: »

Re scratches: they were not on the cooker when we bought it. We inspected it with the sales person and our receipt says "sold as seen - damage to the left side". There is also a dent on the bottom drawer which effects its closure, which was also definately not there when we bought it. Also, I thought that with Gas goods, if a Corgi fitter doesn't want to fit it because he is concerned we had a pretty good case? We paid £1100 for it, so it wasn't cheap!. Ideally I would like a refund or a replacement. The reason I don't want an engineer is because this website advises you to deal with the retailer, not the manufacturer. Also the Sales of Goods Act still applies to sale goods - they have to be of satisfactory quality. It's more the 12 weeks that I am concerned about, and how that effects my rights.

It affects your rights by you no longer being able to reject to goods outright. You are still protected under the SOGA but the repair / replacement / refund is at the discretion of the retailer. You can request but they can do largely as they see fit.

The SOGA protects you in the context of price paid, bargains etc so you have to take these in to account when considering whether you would be entitled to a "new" one. For instance, as you were given a discount for taking an ex-display all you would be legally entitled to is an equivalent ex-display.

I would give them a chance to inspect and see what they say. If the damage is incongruent with what was documented at the time of purchase then I think you would have a good case against the retailer and continue to push them to resolve. As mentioned above, under SOGA you have to accept their choice of resolution (subject to a term about avoiding 'unreasonable inconvenience' to yourself - or words to those meaning).

HTH

Sookie65

Somethingcorporate......thank you so much for your advice, this was what I needed to know.

Esqui

By the way, the engineer may be from the manufacturer but this isn't against the SoGA - the manufacturer may be the ones chosen by the retailer to carry out repairs (makes sense as they'll know more about the machines than anyone!). I have the feeling from your posts that you think anything involving the manufacturer is in contravention of SoGA, but that's not the case. If the retailer's arranging it, then they are fulfilling their obligations, and in this instance, I think they are going beyond what they could legally get away with.