New fridge stopped working within 30 days!

missminx

Please be gentle, haven't ventured here before!
As the title says, we purchased a new fridge and within 30 days of use it has stopped working. I have contacted the company and an engineer will come in 9 days time (earliest possible date). I have 2 questions, firstly is this an unreasonable time scale to be left without a fridge, bearing in mind the engineer may not be able to fix it in which case we will have to wait a further period of time for collection and replacement? Is it worth trying to push them for an earlier appointment?
Secondly, when we noticed the goods felt a good deal warmer than is healthy we could not be sure how long they had been 'above' temperature. I did not feel that the chicken etc was worth the risk, so disposed of it. Should the company cover expenses for this or do we just have to swallow the cost? I am not looking for profit, just to replace what we lost.

unholyangel

Technically under Sale of Goods act any remedy must be at no cost to the consumer and of no significant inconvenience. You can also reject the goods for a full refund within a "reasonable time".

Personally i'd say being without a fridge for 9 days is a inconvenience. I remember before i moved into my house and while decorating we were keeping milk in a sink full of cold water......the milk was still off by the end of the day.

As for the goods, can you put a value on them?

missminx

Hi, thanks for reply. Milk is my biggest concern, as I have a toddler who consumes it daily. I am hoping I can ask for the goodwill of the local pub landlord to let me have some ice on a daily basis.

I can price the goods reasonably accurately as I had been shopping only a couple of days before so will dig out the receipt.

I think I may try ringing them back, and see if they can find a speedier remedy.

Optimist

I would be kicking up a stink if they expected me to wait 9 days for repair of a brand new fridge and talking about outright rejection of the goods.

The Sale Of Goods Act states that it must be reasonable time but what amounts to reasonable would in the end be a judges decision.

As to the consequential loss of your food, there is a responsibility on you to mitigate that loss. That said I would take a note of all items that did go off possibly possibly photographing and indeed keeping the packaging and putting in a claim. However you can expect resistance from the company involved.

missminx

Optimist wrote: »

I would be kicking up a stink if they expected me to wait 9 days for repair of a brand new fridge and talking about outright rejection of the goods.

The Sale Of Goods Act states that it must be reasonable time but what amounts to reasonable would in the end be a judges decision.

As to the consequential loss of your food, there is a responsibility on you to mitigate that loss. That said I would take a note of all items that did go off possibly possibly photographing and indeed keeping the packaging and putting in a claim. However you can expect resistance from the company involved.

Thank you. I did salvage what I could. I am pretty sure I have receipts as well, to prove the costs. It is difficult to 'prove' a great deal though. I will see how I get on. I think I may have to tackle the issues separately. Get on the phone for a better date, and put a claim in writing for the lost goods.

missminx

UPDATE:
They refuse to refund as it is more than 28 days old. They won't come sooner as they have 'guessed' which part it my need and have to wait for that before they come, but equally admit they still may not be able to fix it. They also refuse to cover fridge items because 'they only last a few days any way' :mad:
Trading Standards next then. I now don't want them to replace it, as if something goes wrong again, I will go through all this again. I would prefer a company with some customer service!

unholyangel

missminx wrote: »

UPDATE:
They refuse to refund as it is more than 28 days old. They won't come sooner as they have 'guessed' which part it my need and have to wait for that before they come, but equally admit they still may not be able to fix it. They also refuse to cover fridge items because 'they only last a few days any way' :mad:
Trading Standards next then. I now don't want them to replace it, as if something goes wrong again, I will go through all this again. I would prefer a company with some customer service!

Put your complaint in writing to them. Keep it as straight forward and simple as possible. Say what the problem is and what you want them to do about it. You could also drop in that under SoGA any remedy should be of no significant inconvenience.

The section of the SoGA that stipulates this says as follows:
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;

And also:
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.

The nature of a fridge is to prolong the life of items that would only last a day or so without being cooled. If it were not a significant inconvenience, we'd still be living in the ages when people had to go to the shops daily. The goods do not conform to contract so they are liable for costs incurred due to this - although as above you do have a duty to try and mitigate your losses.

If they're guessing at what part you need, and ordering it without having an engineer out, you may find its a common fault with the make/model you have. Try googling it to see