Not fit for purpose

lateandlive

It's always worth a shot, but if you spotted the fault within the first 12 months and didn't report it then I can see where Comet are coming from. There was an issue with the item and you ignored it and continued to use it - almost denouncing the issue exists.

It's very much like eating a steak in a restaurant, finding it's well done when you asked for medium rare, but carrying on eating it because you think it might be cooked okay and you're tasting things. You can't expect to finish the last mouthful and then request a refund or a new steak because the old one was wrong.

Flyboy152

spaceinvader1 wrote: »

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 Currys 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 ?

Currys has not admitted that the item was faulty from the point of sale. They are saying that is what the legislation refers to.

When the item went wrong in the first year, what did Currys do?

spaceinvader1

Hi

I misunderstood the reply from comet and they are not confirming that the fridge had a manufacturing fault.

I suspected a problem, the fridge took time to fail as ice collected in its cooling areas, wasnt a black or white situation. I did not inform comet of these issues until after 3 years.. I know I should have now

I'm sure Comet know that its a design fault they dont want to admit to it, is it worth asking the manufacturer ?

Flyboy152

spaceinvader1 wrote: »

Hi

I misunderstood the reply from comet and they are not confirming that the fridge had a manufacturing fault.

I suspected a problem, the fridge took time to fail as ice collected in its cooling areas, wasnt a black or white situation.

I'm sure Comet know that its a design fault they dont want to admit to it, is it worth asking the manufacturer ?

Did you buy this from Currys or Comet?

Did you inform the seller of the fault in the first year?

lateandlive

spaceinvader1 wrote: »

Hi

I misunderstood the reply from comet and they are not confirming that the fridge had a manufacturing fault.

I suspected a problem, the fridge took time to fail as ice collected in its cooling areas, wasnt a black or white situation. I did not inform comet of these issues until after 3 years.. I know I should have now

I'm sure Comet know that its a design fault they dont want to admit to it, is it worth asking the manufacturer ?

Not necessarily - it could well be a flaw with a particular batch of the item. Consider how many of these fridge freezers are sold across the country by Comet and, possibly, other retailers. Reading online that some were returned doesn't make it an inherent design fault.

Unfortunately, and in no way am I accusing you OP, there are so many people out there that 'create' faults with items nowadays that it's only natural for the retailer to be suspicious.

Weigh it up. You had a freezer for 3 years, and it's starting to fail. YOU know it's not a recent issue but the guy on the desk at Comet has to take what you say to him on face value - and it's not a £30 radio, its a fridge freezer.

wealdroam

Answers to your questions are all there in post #10, Flyboy.

Flyboy152 wrote: »

Did you buy this from Currys or Comet?

spaceinvader1 wrote: »

hi It is Comet.

Flyboy152 wrote: »

Did you inform the seller of the fault in the first year?

spaceinvader1 wrote: »

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.

bris

If you left the door open it would cause the problem. I assume after the door was closed the problem went away, so there hasn't been a problen until now, the first 12 months is irrelavent to the story.

Flyboy152

wealdroam wrote: »

Answers to your questions are all there in post #10, Flyboy.

Oh dear, what a wally. You missed the edit times. Tsk.

vicmorrow

Flyboy152 wrote: »

Oh dear, what a wally. You missed the edit times. Tsk.

There is no edit time in post #10?

arcon5

Flyboy152 wrote: »

Oh dear, what a wally. You missed the edit times. Tsk.

Post #10 was not edited