Fridge Freezer: Sale Of Goods Act

muggin5

Hi,

This is my first post but I hope to make it a good one to start with. After seeing Martin Lewis on lots of TV shows with great advice I wanted to voice my problem on the forum with the hope that he may come across it and help

I own an AEG fridge freezer and it was an expensive model (£700) when we bought it just over 3 years ago and now the freezer part has broken. I have emailed the seller (Pixmania) and they have gave me the reply I expected, which was that the item was out of warranty and therefore there is nothing they can do.

I have also called trading standards after reading up on the sale of goods act and they told me that I may have a case but these things are always difficult and take a lot of time. Trading standards also recommended that repairing or replacing the freezer would mean I would have to pursue the case in court rather than, if I could live without the freezer and keep it, then I may be able to make a claim in the small claims court. Basically it is easier to claim for the cost of something instead of trying to retrieve costs.

The biggest factor involved with the sale of goods act is that the item should last a reasonable period of time, i.e. be durable and it will only apply to item which have been delivered with the fault present and that it would be my responsabilty to prove the fault has not occured due to it be mistreated.

I have called AEG and I was told their service centre number asd AEG told me that the freezer should last a lot longer than 3 years and they informed me that once I had one of their service centre repair people looked at it then if the repair cost was excessive then they would contribute towards a new AEG fridge freezer.

After these first steps I have decided that I needed to find out what the problem was and if it could be fixed. I made a decision that if the fridge freezer did not cost more than £200 to repair then I would repair it. However, the repair man has been today and I was told that the freezer part is damaged beyond repair and also that the fridge part is not going to last much longer. This cost me £42.30

As you can see this situation is getting worse for me and now I am at a bit of a loss. I have called AEG and they have offered to sell me a fridge freezer, which is more or less the equivalent model for £400 including delivery and desposal of the old fridge freezer. Now thw model they have offered me retails at around £780 so it is a reasonable offer but if I take them up on this then I will have still paid out nearly £1100 for a fridge freezer over 3 yeears. The other problem is that I wouldn't even choose the model they are offering as it has a bigger fridge and smaller freezer and if anything I would want it the other way round.

I don't really know what to do now, I don't think I can prove the fault without hiring another company to completley dismantle the fridge freezer and I would still have to hold onto the model until the outcome was resolved. If the fridge breaks too then I will need a replacement straight away. If I accept the new fridge freezer I lose £400 and who knows whether the new one will last 3 years.

I realise these things "happen" but when you have not had a steady employment for the last 18 months due the mess the economy is in then spending £400 on a new fridge freezer just three years after you bought the best quality item I could afford at the time is a bit hard to swallow.

Does anyone have any constructive advice or has any experienced the same problems?

I would really appreciate some help with this and hope the forum welcomes me with open arms.

If anything I have writtnen doesn't make sense then please ask, I have written this in a bit of a sad mood and my heads not really on straight right now.

Thanks
Matthew

unholyangel

From my own perspective, in order to get them to foot the bill, you would need a independent report done on what exactly the fault was and whether it was inherent or it has developed through misuse/wear and tear.

If found in your favour, you'd be able to reclaim costs but theres also a chance it would find in their favour (perhaps it has undergone several knocks when moving house for example?) and you would be out of pocket the costs of the report also.

I mean what outcome do you consider to be reasonable?

muggin5

Hi,

I have just been considering my situation again and the sale of goods act states than the item should be durable for a reasonable period of time and it hasn't met this requirement. The freezer hasn't been moved and we asked the technician and he said that there is nothing we could have done to cause the problem, its was just bad luck.

As for what I would expect, well if I was to get what i thought was right then it would be a replacement fridge freezer of the same value.

Judas

Bite AEG hands off; your unlikely to get any more elsewhere.

Esqui

You could try going the engineer report via Pixmania, but AEG's offer is pretty good and will be a LOT less hassle

fthl

after three years the offer doesn't seem too shabby.

muggin5

I accept that AEG are being very reasonable and their offer is very good and they do not have to offer me anything. But the sale of goods act is only with the company that sold me the item (pixmania) and the law states that:

Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale)

And

Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

And

It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.


After making a considered purchase to buy a high priced good quality product and it break after 3 years beyond repair then I am sure I have some rights with this. I just hoped someone else might have had similar experiences and be able to help.

I have already had to find a replacement freezer and I have lost a considerable amount of frozen goods. I know these things are unfortunate, but it also doesn't really seem right that it should need replacing so soon.

Thanks

Judas

You do but these rights are a repair, refund(partial), or replacement. At their discretion. Why waste money, effort and time for a partial refund your already getting.

unholyangel

As said, getting a report confirming the fault is not through your misuse or wear and tear would entitle you to a repair/replacement (effectively the retailer can choose whatever is cheapest for them - unless repairing is significantly inconvenient).

Even if you were entitled to a refund, they can take into account any use you have had of the product. By their offer of £400 (if the fridges are of the same value/like-for-like) then the life expectancy of your fridge/freezer is 7 years.

You can try getting an independent report, we're just advising you that you may be out of pocket for the cost of this report if they do not find in your favour............and still have to fork out for a new fridge/freezer.

Pont

If it's any help I've just had a similar dispute last month with Samsung (TV). It broke down after I'd had it for 2 1/2 years (18 months out of warranty). I googled my make and model and found there were others with the same problem. Samsung sent out an engineer who confirmed the fault wasn't down to me. I then contacted Samsung again and was offered a 'goodwill gesture' of £230 - I declined and told them I'd be happy to see them in court. Next day I had a call from Samsung to inform me a brand new (better spec) TV was on its way. Samsung have since delivered my new TV and took away the faulty one.

1) Google your make and model number - if there are others out there with a similar problem it helps and gives you ammo.
2) An expensive item is supposed to last, I think, 6 years. If it doesn't, under normal useage, I believe the argument is that there was a fault at the time of manufature.
3) Don't accept their first offer!

cyberbob

Sounds like someone else after something for nothing. You already have a good offer take it. If you push it you'll end up with nothing.