COMET 28 days guarantee

steveinblackpool

Purchased electric oven from Comet 10wks ago and the glass in the door shattered covering whole kitchen floor with glass. Been back to shop with receipt etc and told that I have to get it repaired by one of there engineers rather than getting a replacement because its over 28 days.
The manager was very adament and would not budge.

What happened to the "sales of goods act 1979 which states that it should last a reasonable length of time? Now if i get it repaired the glass inside oven will fall into food GREAT!! I have a family as well?

Paid on credit card do I have to claim from them, dont know really what next step

Cheers

Esqui

There's not much you can do - a repair is a remedy for the fault. 10 weeks is well past the reasonable amount of time which you have to reject an item (this period is generally to ascertain that the item works when you first have it),

shaun_from_Africa

The SOGA states that goods must last a reasonable time, and if they don't then the seller must refund, repair or replace. (they can do whichever one they wish providing that it doesn't inconveinence you too much
As Comet is offering a repair I doubt very much if your credit card issuer will be willing to do anything yet.

You have to give the retailer a fair chance of remedying the problem before you take any further action.

s_b

surely if the glass broke it was a manufacturing defect so when man comes out to replace it im pretty sure he will make sure job done properly,might even let you make him a nice cuppa char
do not eat the food you had in the oven at the time as it may contain traces of glass

smcaul

shaun_from_Africa wrote: »

The SOGA states that goods must last a reasonable time, and if they don't then the seller must refund, repair or replace. (they can do whichever one they wish providing that it doesn't inconveinence you too much
As Comet is offering a repair I doubt very much if your credit card issuer will be willing to do anything yet.

You have to give the retailer a fair chance of remedying the problem before you take any further action.

The bit in bold is wrong and incorrect, please read the SOGA if you are going to quote it!!

The buyer gets to choose the remedy, not the seller.

shaun_from_Africa

The bit in bold is wrong and incorrect, please read the SOGA if you are going to quote it!!

The buyer gets to choose the remedy, not the seller.

I did read the SOGA, and I think you should do the same.
The buyer can state which remedy they prefer, but the retailer is legally allowed to pick a different option if what the buyer wants is too costly, or if another remedy can be used which doesn't inconveinence the buyer too much.
This is all clearly stated in the SOGA, and is shown below,

(3)The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—

(a)impossible, or

(b)disproportionate in comparison to the other of those remedies, or

(c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

(4)One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—

(a)the value which the goods would have if they conformed to the contract of sale,

(b)the significance of the lack of conformity, and

(c)whether the other remedy could be effected without significant inconvenience to the buyer

And I think any reasonable person would agree that asking a seller to replace a whole cooker when the replacement of just the door glass is possible, and may in fact be carried out quicker than having to order and install a new oven does indeed "imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable,"

It works the other way as well.
If you have a £20 iron which goes wrong, you can't insist that the seller repairs this.
You can ask, but the seller can legally refuse to do so and opt to replace it or refund it instead.

George_Michael

This belief that the customer can insist on a refund for faulty goods once they have accepted them must be one of the most widely held mistakes on this board.

A quick look at any consumer rights advice site will soon show that this belief is wrong.

direct.gov.uk

Refunds and faulty goods
A trader will usually offer you a refund for a faulty item if you:
:have proof of purchase, eg a receipt
:haven’t had a chance to use the item or have only used the item a few times
If you’ve had or used the item for a longer period of time, by law you have ‘accepted’ the goods. You won’t be entitled to a refund, but the trader should offer to repair or replace the item.

Which.co.uk

Your right to have an item repaired or replaced
Under the Sale of Goods Act, if something is not of ‘satisfactory quality’ you have the right have it replaced or repaired free. You can ask the retailer to do either, but it can normally choose to do whichever would be cheapest.

UK Government.

After a buyer has accepted the goods, under Section 11(4) of the SGA 1979, they can no longer reject them and recover their money, though they may still have a claim for damages, repair or replacement of the product. If neither repair nor replacement is realistically possible, consumers can request instead a partial or full refund depending on what is realistic in all the circumstances.

moonrakerz

As usual lots of duff info about SoGA..................

Comet are fully meeting the requirements of the Act.

Glass doors and other items made of toughened glass do shatter spontaneously - there is nothing you can do about it - it just happens.
They could use a different type of glass which costs a lot more - you pays your money............

shaun_from_Africa

If it was a manufacturing defect or installation fault (such as the glass being incorrectly fitted at the factory), exactly the same thing could happen with a replacement oven, especially if it came from the same production line or batch as the old one.

A replacement glass on the other hand may well come from a different supplier and will be fitted by a different person so it might well be a better option than a new oven.

neilmcl

smcaul wrote: »

The bit in bold is wrong and incorrect, please read the SOGA if you are going to quote it!!

The buyer gets to choose the remedy, not the seller.

The buyer can "choose" but they can't "insist". Important difference and tends to amount to the seller having the final say, unless the buyer wants to take it to a court and let a judge decide.