Dixons Out Of Warranty Fridge Freezer

DirtPoorGuy

My Sister purchased a Beko fridge freezer on my Mothers behalf in December 2008, I know vaguely that the European Union have a directive that says items are covered for 2 years and that under Scots law items can be covered for up to 5 years if it is reasonably expected to have that lifespan.

Having made a few phone calls regarding this to Dixons they have been messing me about by refusing responsibility saying that the manufacturers warranty is 1 year and I would have to take up a claim with the manufacturer, now they want to speak to my sister.

Can anyone give us a step by step approach to getting them to repair the item, ideally citing specific legislation that is relevant and ultimately how do we make a small claim against them if all else fails?

Chimpofdoom

http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/

http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/your-rights/

On the 2nd link this is the part your looking at:

Six months...and counting

If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were fit for purpose – or 'as described' – when it sold them. It is also responsible for proving that the problem was caused by you (for example, because you had an accident with the item that damaged it). Beyond six months, it's up to you to prove that the problem was the retailer's.
So you may need to prove that the fault was not down to wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did. To do this you may need an expert's report, for example from an engineer or mechanic.

Edit:

On a side note, DSGi can be quite aggressive and try to pass the buck. However they do in a twisted sense way, follow the law to the letter.

You'll need to obtain an independent engineers report about what failed etc. All the info is in the links above :-D

hellywobs

Under the Sale of Goods Act 1979, items have to be of satisfactory quality (quite separate from the European legislation which clouds the issue a bit). In Scotland you have up to 5 years to make a claim, in England and Wales it is 6 - there is no 2 year limit.

As already posted, during the first 6 months after purchase it is up to the retailer to prove the item wasn't faulty when you bought it. After that, it is up to you. However, I'd have said a fridge should last at least 2 years. I don't know how much an expert report would cost, but to start with I would write to them to tell Dixons about the fault, quoting the SGA 1979 and see what they say.

The manufacturer's warranty is irrelevant. You (your sister that is) have a contract with the retailer, not the manufacturer. It's amazing how many retailer don't know, or deliberately mislead customers about, this. So make this point - it does not matter that you are out of warranty - you are relying on your rights under the SGA.

rtho782

As has been said, as you are over the 6 month period you now need to prove that the fault a manufacturing defect (not misuse, neglect, negligence, or higher than normal usage patterns such as a commercial environment).

You can most easily do this by commissioning an independent engineer to inspect the unit for you. IF they then agree it is down to a manufacturing defect, you have cause to threaten Dixon's with court action.

While under warranty, they can legitimately use the manufacturer as a repair agent, and they can request you deal directly with the manufacturer to organise repair. You are within your rights to insist they deal with it for you as you do not wish to deal with the manufactuer, but they could legitimately go "Ok, take it into one of our stores and leave it with us", meaning all you have achieved is a car trip and adding a few days onto the repair process.

Of course this is out of warranty so all they are doing is saying "we can't help you but the manufacturer will offer you a chargeable repair". This is normal, and the only way you will get more out of them is with an engineers report.

neilmcl

The important issue is that it's your sister that has a contract with the retailer and therefore the one with consumewr rights to get a remedy.