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Panasonic oven serious fault within 1yr warranty - Must I accept a repair?

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Tao81
Tao81 Posts: 653 Forumite
edited 19 January 2012 at 9:45PM in Consumer rights
Hi,

Can someone help? I'm not sure which Act of law covers my issue, the Consumer Protection Act or Sale of Goods Act? and where I stand regarding my complaint.

I bought a Panasonic combination oven last February from a large retailer, it came with a 12month manufacturers warranty.
Tonight the inner glass door of this oven suddenly and quite shockingly completely shattered whilst in use?!!
I rang the retailer who have insisted they will only offer a repair by one of their designated engineers.
.........fair enough you might think... BUT......I remember from way back in my Uni days whilst sat in a contract law lecture being told that if an item develops a fault within the manufacturers warranty period and as a consumer you accept a repair of the item; rather than insisting on a replacement, then that action voids any manufacturers guarantee.
It was stated (to the best of my memory) that it was therefore unwise to accept an offer of repair whilst any goods were under guarantee and that consumers should insist on a replacement of the faulty item, as is their right under Law.

I asked for the retailer concerned to put their reasons for denial of a replacement oven under these circumstances in writing/email to me.
However, the Call Centre person said they didn't have the facility to do that and I'd have to contact their Head Office for this (When I asked they supply me with the appropriate address for HO, they said the internet loaded too slowly on their machine for them to supply me with it and that I could find it somewhere on their website)......Great customer service from a large retailer eh?!

So, can someone confirm for me that I am right? That, legally I am entitled to refuse a repair by their engineer and insist on a replacement oven, as it is no longer 'fit for purpose' within the warranty period? and in view of the retailer's stance, what I should do next?
Be kinder than necessary, for everyone you meet is fighting some kind of battle. :A

Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The legislation in question is the Sale of Goods Act and no you are quite wrong. Whilst you can ask for a replacement you can't insist on one and the retailer are well within their rights to offer a repair if that remedy is disproportinately less costly than any other remedy and doesn't cause you a significant inconvenience.
  • And given the probable cost of a repair (cheap) vs. a replacement (expensive) you can see why they offer you a repair as evidently the replacement would be disproportionately costly to the retailer as a remedy.
    Thinking critically since 1996....
  • You're wrong, a repair is adequate.
  • CoolHotCold
    CoolHotCold Posts: 2,158 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Repair is adequate (and in this case easy) and Oven Glass does shatter, can be a variety of reasons (BTW, it crumbles instead of shatters so it is really little risk it's extream safety glass). I had one explode while cooking a pie and it sounded like a gun shot, bit surprised but it was harmless.
  • If my memory serves me correctly I think this is the second oven door shattering thread we have had in as many weeks. They are like busses, none for ages and then they all come along at once!

    Good luck OP, a replacement door will put you back in a good position anyway.
    Thinking critically since 1996....
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