Not fit for purpose

spaceinvader1

Hi
I bought a fridge freezer from Comet and had problems in the 1st year and onwards to a point where it spoilt food. The problems have been ongoing. After some research I found other people were experiencing the same problem due to a design error and I concluded the fridge freezer was not fit for purpose.

Now 3 years have lapsed and though the fridge partially works the freezer cannot be used as the temperature does not go low enough.

I wrote to Comet to inform them about the problem and their response was :


I note your comments regarding the Sales of Goods Act and I can confirm that this applies to fault caused by manufacturing defect, which has been present from the date of the purchase. As your fridge freezer has worked for 36 months it would be classed as fit for purpose when sold.
Therefore any repair would be chargeable and I am unable to agree to your request for a free of charge repair, replacement or refund.

They admit the item not being fit for purpose but I disagree about it working for 36 months. After the 1st year it would not hold temperature and food was spoilt.
What is Comet's definition of ‘worked’ ?
Do I have grounds to oppose their decision ?

visidigi

Unless you have it written in a durable form to Currys then you cannot use the fact it has not worked right since 12 months as there is no documented proof.

You have to prove the fault, you will need to have an engineers report done for the item - if proved Curry's should then refund the cost of the report and resolve the issue inline with the advice within the report

spaceinvader1

Comet are confirming a manufacturing fault. The issue is the 36 month and what they define as 'working'.

arcon5

spaceinvader1 wrote: »

Comet are confirming a manufacturing fault. The issue is the 36 month and what they define as 'working'.

When and how did they confirm there was an inherent fault? The email pasted above doesn't say that :huh:.

visidigi

Yes I see that, but like I say, it comes down to what you have in writing.

If you have in writing that you reported a fault after 12 months then this should be the reason for requesting a resolution to the issue.

The above, if you have it makes dispute easier.

Otherwise you need to ask Curry's what they deem is a reasonable life expectancy of a device of this type and call the manufacturer to ask the same question.

I expect Curry's will be less- point out to them that the device has failed earlier and as per their own reply the fault has and is inherent from manufacturer.

visidigi

arcon5 wrote: »

When and how did they confirm there was an inherent fault? The email pasted above doesn't say that :huh:.

The OP is referring to this line in Curry's reply...

I note your comments regarding the Sales of Goods Act and I can confirm that this applies to fault caused by manufacturing defect, which has been present from the date of the purchase.

wealdroam

I would suggest that Currys/Comet's statement could be interpreted as...
"I note your comments regarding the Sale of Goods Act, and I can confirm that if a product has a fault caused by a manufacturing defect, which has been present from the date of manufacture, then it would be covered. As your fridge freezer has worked for 36 months it would be classed as fit for purpose when sold".

unholyangel

Is it comet or currys? OP mentions both in their first post.

somethingcorporate

I agree, they have not said there is an inherent fault with your item, just clarifying what one would be (i.e. there are the point of manufacture).

It is up to you to prove that this is the case (via an independent report) to get the retailer to offer you a remedy (partial refund, repair, replacement).

spaceinvader1

hi It is Comet.

Comet have stated in writing :

I note your comments regarding the Sales of Goods Act and I can confirm that this applies to fault caused by manufacturing defect, which has been present from the date of the purchase.

I noticed the fault within the 1st year but did not contact comet about it as I thought it was my fault as I left the door open. Only after reading forums I relised it was a design fault and this is why I contacted comet about it, unfortunately it was after the 36 month period.
The fridge failed earlier and was partially useable, but still failed to stay within the manufactuered specifications. i.e temerature

Is it worth persuing with Comet ?

stugib

spaceinvader1 wrote: »

Comet have stated in writing :

I note your comments regarding the Sales of Goods Act and I can confirm that this applies to fault caused by manufacturing defect, which has been present from the date of the purchase.

I agree with some of the posts above, this does not say this applies in your case, they're just restating the law in a factual way. They are not agreeing it's a manufacturing defect.

spaceinvader1 wrote: »

Is it worth persuing with Comet ?

You'd still have to prove an inherent fault to have any case and pay for this yourself up-front. You've considerably weakened your case by waiting until it's 3 years old. Even if you do prove your case they'd be entitled to offer you a partial refund - no idea what the lifetime of a fridge freezer would reasonably considered to be, but sounds like it's not worth the hassle IMHO.