Ex - Display - are Electrolux making it up as they go along?

HarperBoy

I bought an Electrolux microwave from a reputable local discount store. It was clearly ex-display, and had a slight crack in the fascia which I was happy to accept as being only cosmetic. Well within the 12 month warranty period, arcing started to take place, causing scorching. I called a Service Force engineer who confirmed it was unsafe and that he would contact Electrolux for a replacement.
After that, nothing. I have had to make the running by chasing continually. Eventually (and I won't list the boring blow by blow of the poor customer servce experience) I was assured that the 'most' they could do was a refund. Surely, I can get that from the retailer? Electrolux argue that being ex-display somehow puts the microwave into a different class - I am deemed to have bought it 'as seen'. So I did, but I'm not complaining about the cosmetic crack, I'm complaining about the fact that the machine is dangerous! Doesn't the manufacurer have a responsibility to replace or repair?

vuvuzela

So are you refusing a refund ? I would bite their hands off for it and buy one that wasn't an electrolux.

Esqui

Under the warranty, the manufacturer can set their own terms. Personally, I'd take the refund from them.

Under the Sale of Goods Act, the retailer is responsible - but they may also choose to refund instead of replace.

HarperBoy

Esqui wrote: »

Under the warranty, the manufacturer can set their own terms. Personally, I'd take the refund from them.

Not sure I understand this - 'the manufacturer can set their own terms'. What does this mean in practice in respect of consumer legislation? And how am I supposed to know at the time of purchase what those terms are? Sounds suspiciously close to sharp practice.

The refund is a poor third choice after replacement or repair. What gives the company the right to refuse these alternatives? Is there a special provision in the relevant legislation covering ex-display items? Surely, the microwave is either fit for purpose or it isn't!

HarperBoy

vuvuzela wrote: »

So are you refusing a refund ? I would bite their hands off for it and buy one that wasn't an electrolux.

Thanks. As I've explained elsewhere, the refund is not my preferred choice (though even there the company have been insulting and condescending by offering it as if they were doing me a favour). As for what I buy next, sadly the range of options for size and colour limit my room for manoeuvre, which is why repair is an acceptable option as far as I am concerned. If I do end up having to choose where to buy another, you can bet my disappointing customer service experience will enter the balance!

Esqui

HarperBoy wrote: »

Not sure I understand this - 'the manufacturer can set their own terms'. What does this mean in practice in respect of consumer legislation? And how am I supposed to know at the time of purchase what those terms are? Sounds suspiciously close to sharp practice.

Simple - the manufacturer has no legal responsiblity to you. Most, however, offer a guarantee, which is in addition to your legal rights. If they want to set the terms so that you can only claim if you're wearing a blue shirt, or if it's December, or if ex-display items don't get repaired, then they can.

paddyrg

Your relationship is with the retailer, not manufacturer. By all means complain to the retailer instead, but you won't get a better deal from the sounds of the offer.

No compo no matter what.

wealdroam

HarperBoy wrote: »

The refund is a poor third choice after replacement or repair. What gives the company the right to refuse these alternatives?

As mentioned elsewhere, you have no statutory rights against the manufacturer.

The Sale of Goods Act gives you rights against whoever sold the thing to you.
If the item is inherently faulty, i.e. faulty at the time of sale, then you have a right to a remedy and can ask for a replacement, repair or refund.
The seller can refuse your choice...

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...

In other words, the seller can effectively choose the remedy.

Hope that answers your question.

If_it_can_go_wrong

Accept the refund and move on.

CapJ

I don't really understand the OP. A refund surely is the best choice. You've had some use of the microwave but get a full refund - you can choose whether to spend that on a replacement or buy another microwave. Obviously it was discounted so you would have to buy another ex display model or similar discounted. What exactly do you want? For electrolux to replace an ex display microwave you've used with a brand new one?

bod1467

No. The OP would prefer a repair because this microwave fits with the kitchen layout and colour scheme.

For me though, a microwave is a microwave - who cares about colour-coordination.