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My burning fridge...
AndyE_
Posts: 2 Newbie
Hi All
I'm not sure where I stand on this so would be grateful of any advice. I'll be as to the point as possible.
Bought a Siemens fridge freezer from John Lewis online. Item was in a sale and cost 399 pounds.
The fridge broke down. Fridge freezer was under warranty. Called John Lewis. A Siemens engineer came out a week later. Inspected it, ordered new parts. Parts arrived week later when engineer came and fixed it all. Fridge freezer working.
Week later opened freezer to find it getting quite hot and the plastic mount around the fan was beginning to disfigure from heat. Switched it off in panic of fire risk and kissed good bye to our food.
Called John Lewis who said call Siemens directly to get a fix. Called Siemens. Week later engineer turned up. Explained scenario of fixed once already, broke again, got hot, worried our house would burn down etc. He took some deep breathes and after speaking to a supervisior came back and said it'd be safer to get a straight replacement. Here's where I need some help.
John Lewis agreed to handle the replacement but will only replace up to the value of the original purchase. I explained to them that 400 pounds was the sale value and that actually the fridge outside of the sale was 600 pounds. John Lewis have said that they can only replace what we paid and not give me a new fridge that is the equivalent of the old one. I explained that we've lost a significant amount of food at our expense and also that I've taken several days leave to wait for an engineer call. We also had a potential fire risk that had no one been in could have resulted in far worse than just a faulty fridge. I also explained that we wanted a like for like replacement as our kitchen is awkward and we need the correct size for it to fit. At this point John Lewis budged a little and said as good will they would offer me an extra fifty quid to cover the inconvenience. I was also told by John Lewis that normally a replacement fridge would also not get a new warranty and that the warranty would still run from the date of original purchase!! When I questioned this I was told that this is, unfortunately, the way it works! But as a good will gesture they might be able to offer us a 2 year warranty of their own for free; but they'd have to check with the manger.
So here I am still fridge freezer less and a little irritated by the whole situation. Should I be asking for a direct like for like replacement; or if I have some consumer rights on this? Or do I have to take the offerings and put it down to experience. Any help appreciated.
Many thanks in advance
I'm not sure where I stand on this so would be grateful of any advice. I'll be as to the point as possible.
Bought a Siemens fridge freezer from John Lewis online. Item was in a sale and cost 399 pounds.
The fridge broke down. Fridge freezer was under warranty. Called John Lewis. A Siemens engineer came out a week later. Inspected it, ordered new parts. Parts arrived week later when engineer came and fixed it all. Fridge freezer working.
Week later opened freezer to find it getting quite hot and the plastic mount around the fan was beginning to disfigure from heat. Switched it off in panic of fire risk and kissed good bye to our food.
Called John Lewis who said call Siemens directly to get a fix. Called Siemens. Week later engineer turned up. Explained scenario of fixed once already, broke again, got hot, worried our house would burn down etc. He took some deep breathes and after speaking to a supervisior came back and said it'd be safer to get a straight replacement. Here's where I need some help.
John Lewis agreed to handle the replacement but will only replace up to the value of the original purchase. I explained to them that 400 pounds was the sale value and that actually the fridge outside of the sale was 600 pounds. John Lewis have said that they can only replace what we paid and not give me a new fridge that is the equivalent of the old one. I explained that we've lost a significant amount of food at our expense and also that I've taken several days leave to wait for an engineer call. We also had a potential fire risk that had no one been in could have resulted in far worse than just a faulty fridge. I also explained that we wanted a like for like replacement as our kitchen is awkward and we need the correct size for it to fit. At this point John Lewis budged a little and said as good will they would offer me an extra fifty quid to cover the inconvenience. I was also told by John Lewis that normally a replacement fridge would also not get a new warranty and that the warranty would still run from the date of original purchase!! When I questioned this I was told that this is, unfortunately, the way it works! But as a good will gesture they might be able to offer us a 2 year warranty of their own for free; but they'd have to check with the manger.
So here I am still fridge freezer less and a little irritated by the whole situation. Should I be asking for a direct like for like replacement; or if I have some consumer rights on this? Or do I have to take the offerings and put it down to experience. Any help appreciated.
Many thanks in advance
0
Comments
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I would contact trading standards on this one for sure, id want a new fridge freezer like for like, id also want compensation for the loss of food, and the fact it was a potential fire risk says to me it was an electrical problem and therefore it was faulty under the sale of goods act you are entitled to another ff which they have offered, id also hold out for a 2yr warranty from them, your on the right lines so far but contact trading standards they will let you know if what they are offering is good enough.
good luck and hope this helps0 -
Don't bother with TS, John Lewis are fulfilling their legal obligations by offering a full refund plus a goodwill gesture of £50. You cannot insist on a remedy that is disproportionately costly than another.0
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Don't bother with TS, John Lewis are fulfilling their legal obligations by offering a full refund plus a goodwill gesture of £50. You cannot insist on a remedy that is disproportionately costly than another.
But don't they have a legal responsibility to remedy the situation? It's not the OPs fault that the price has since gone up. JL must either fix the problem or replace the fridge with one which is either the same or equivalent model. The current retail price doesn't enter into it.0 -
No. JL's legal obligation is to repair, replace or refund but the customer cannot insist on a remedy that is disproportionately costly to another. Also they are only obliged to put the customer back in the position he was before the purchase.Mark_Hewitt wrote: »But don't they have a legal responsibility to remedy the situation? It's not the OPs fault that the price has since gone up. JL must either fix the problem or replace the fridge with one which is either the same or equivalent model. The current retail price doesn't enter into it.0 -
I really don't know what the legal situation might be but it might be worth checking whether this is more than just an isolated fault. Siemens might have some input.
When my Samsung fridge/freezer developed problems (bought via Empire Direct) AFTER the 2 year warranty, Samsung accepted it was due to kinown faults and replaced it with a brand new better model than I had before. And I was given a full new 2 year warranty. They didn't need too much promting from me and were very fair.ELITE 5:2
# 42
11st2lbs down to 9st2lbs - another 5lbs gone due to alcohol abuse (head down toilet syndrome)0 -
Don't bother with TS, John Lewis are fulfilling their legal obligations by offering a full refund plus a goodwill gesture of £50. You cannot insist on a remedy that is disproportionately costly than another.
ABSOLUTE CODSWALLOP.
OP requires that JL give out liquidated damages in this case. Thugs like them should be made to pay for the errors of their ways. I say lock them all up fo the weekend, let TS go in there and remove any other faulty goods. The police should round up the staff and we the proleteriat should them plunder the store for our own ends.
Power to the People!0 -
The OP doesn't want an item which has more 'value' than the original purchase. They want a replacement fridge of the same type and specification to the one they've already paid for, JL have a legal obligation to provide that. They are not asking for a higher spec model just one that is the same!0
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What part of "customer cannot insist on a remedy that is disproportionately costly to another" do you not understand. If it's less costly to JL to provide a full refund then that's all they are legally obliged to do!Mark_Hewitt wrote: »The OP doesn't want an item which has more 'value' than the original purchase. They want a replacement fridge of the same type and specification to the one they've already paid for, JL have a legal obligation to provide that. They are not asking for a higher spec model just one that is the same!0 -
So you'd better hope that any items you buy in a sale don't go faulty as you'll end up severely out of pocket if they do...0
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That doesn't make any sense. If you get back what you paid how are you out of pocket?Mark_Hewitt wrote: »So you'd better hope that any items you buy in a sale don't go faulty as you'll end up severely out of pocket if they do...0
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