Comet and Sale of Goods Act

susanann_2

My two year old dishwasher has stopped working. I contacted Comets and quoted the Sale of Goods Act and requested a free repair. They have said i have to pay for an inspection through them which costs £69 as is not refundable. Depending on what they find i may have to pay £125. I cant see how this complies with the Sale of Goods Act.

neilmcl

It complies with the SOGA because as you should know, having quoted the Act, the onus is on you to prove that the dishwasher's fault is inherent to manufacture. Comet are simply offering to do this on your behalf, you do have the choice to get an independent engineer's report done yourself.

One thing they are on slightly dodgy ground is stating the cost of the inspection would be non-refundable. If it goes your way then you would be entitled to have all costs refunded, including any inspection report.

moonrakerz

Could I correct the OP ?

susanann wrote: »

My two year old dishwasher has stopped working. I contacted Comets and INCORRECTLY quoted the Sale of Goods Act and requested a free repair.

fluffnutter

susanann wrote: »

My two year old dishwasher has stopped working. I contacted Comets and quoted the Sale of Goods Act and requested a free repair. They have said i have to pay for an inspection through them which costs £69 as is not refundable. Depending on what they find i may have to pay £125. I cant see how this complies with the Sale of Goods Act.

You're not necessarily entitled to a free repair after two years - the onus is on you to demonstrate that the fault's inherent. For this, you need to pay for the independent inspection. I'm not hugely au fait with this but £69 is *probably* reasonable.

I'm a bit confused about this £125 though. What's that for? The way I see it, two things could happen. 1) the review finds in your favour and declares it inherently faulty or 2) it doesn't.

I'd assume that in the first instance, Comet will be obliged to cough up for a repair. In the second scenario, you lose your £69 but that's the end of it (although you're still stuck with a broken dishwasher). So why are they talking about your having to pay another £125?

bris

The £125 is for a fixed price repair if the fault is found to be not inherent. The OP would lose the £69 too, if the fault is inherent and they accept liability the charges are waived.

Broken_Comet

I just tried to return a broken Vacume, it was 2 months old they basically said call the manufacturer, they werent intrested, they have lost my business.

and made and enemy for life.

susanann wrote: »

My two year old dishwasher has stopped working. I contacted Comets and quoted the Sale of Goods Act and requested a free repair. They have said i have to pay for an inspection through them which costs £69 as is not refundable. Depending on what they find i may have to pay £125. I cant see how this complies with the Sale of Goods Act.

Naf

Broken_Comet wrote: »

I just tried to return a broken Vacume, it was 2 months old they basically said call the manufacturer, they werent intrested, they have lost my business.

and made and enemy for life.

Troll?

If not: go right back in and tell them that you have a contract with them and under SOGA they need to repair it.

fluffnutter

bris wrote: »

The £125 is for a fixed price repair if the fault is found to be not inherent. The OP would lose the £69 too, if the fault is inherent and they accept liability the charges are waived.

I agree the £69 will be lost if the fault's not inherent. But surely the OP could refuse the repair? He or she might decide to go elsewhere and buy a new one.

Naf

fluffnutter wrote: »

I agree the £69 will be lost if the fault's not inherent. But surely the OP could refuse the repair? He or she might decide to go elsewhere and buy a new one.

Naturally, Comet have quoted for their repair as the OP had asked them to repair it. Of course they can go wherever they like, and could get any other qualified professional to perform the inspection if it would be cheaper there.
I don't believe Comet could force the OP to use their inspection service; if the OP gets an independent inspection that says it was inherent, but Comet aren't prepared to accept it, could they require the OP to pay the £69 for their service before they make their decision?