Fridge Bought From Comet Online 2/7/2011 Gone Kurput!

Smag

I bought a fridge from Comet online on July 2nd and it has stopped working. The lights are on but it is not cooling down!

I phoned the service helpline this morning and firstly they told me that they have ordered parts and an engineer would be out to fix it on the 29th of August in other words I would be without a fridge for over a fortnight. Then she said an engineer could come out on the 18th August but he would only be able to inspect the fridge and then order the parts. To say I was livid was an understatement.

I phoned customer services to ask if I could take the fridge to my local Comet and exchange it for a new one seeing as though it is just over a month old. The short answer to that was NO. Their engineer "might" write it off on the 18th and give me a chitty to take to Comet to get a new one.

He quoted their 28 day period to resolve a repair and there was no priority to people with fridges not working in the middle of summer over people with toasters not working.

Is there anything I can do to persuade them to let me take the fridge to my nearest comet for an exchange or any advise on the matter greatly appreciated?

Thank you

Steven

Flyboy152

I guess this will be the last time you buy anything from Comet.

The sales of goods act state that any remedy should be at minimum inconvenience to the consumer. Having to wait two weeks for a repair on a refrigerator is very inconvenient, go back to them and recite Sections 48 and 48b of the sales of goods act:

Repair or replacement of the goods:
 

(1)If section 48A above applies, the buyer may require the seller—

(a)to repair the goods, or

(b)to replace the goods.

(2)If the buyer requires the seller to repair or replace the goods, the seller must—

(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

(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.

(5)Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—

(a)the nature of the goods, and

(b)the purpose for which the goods were acquired.

shortchanged_2

I agree with flyboy on this one. To be 2 weeks without a working fridge is not very reasonable or practical.

I would also pick out these points of the Act.

(5)Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—

(a)the nature of the goods, and

(b)the purpose for which the goods were acquired.

Smag

Thanks for the advice

Just phoned and they are sticking to their guns - saying that under the manufacturers warranty 28 days is deemed to be a reasonable length of time to wait

:(

looks like i will be going out to buy a new fridge later

thanks again

shortchanged_2

Smag, have you spoken to Consumer Direct? They may be able to advise you further with regards to this situation.

neilmcl

shortchanged wrote: »

Smag, have you spoken to Consumer Direct? They may be able to advise you further with regards to this situation.

If they're not going to budge then there's not much you can do in the short-term. Could try a complaint to their head office but other than that I'm afraid you'll just have to wait it out.

Flyboy152

Smag wrote: »

Thanks for the advice

Just phoned and they are sticking to their guns - saying that under the manufacturers warranty 28 days is deemed to be a reasonable length of time to wait

:(

looks like i will be going out to buy a new fridge later

thanks again

Have raised the Sales of Goods Act as mentioned earlier? If so, what did they say?

Your contract is with the retailer not the manufacturer, so the manufacturer's "warranty" is irrelevant.

Esqui

I'm mesmerised by your avatar...

Anyway, three days for an engineer is not a massive amount of time to wait. He may even be able to fix it on site and the faulty part they want to order may not actually be the fault. If that makes sense. But to wait two weeks for a part...that's just silly.