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Sale of goods act only applies to the shop???

I have just phoned Indesit as my washing machine has packed up after only 2 and a half years.
They want to charge £105 to send someone out to look at it.
When I said that according to the sale of goods act, this item is not fit for purpose as 2 and a half years is not acceptable durability for a washing machine, he got snotty and said to me that if I am quoting the sale of goods act, I should know that it applies to the shop you bought it from, not the manufacturer.
He said that Indesit don't have to do anything.
Is this right?

Cheers
Lisa
«1

Comments

  • joedenise
    joedenise Posts: 17,983 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sorry but don't the answer to that but would suggest contacting your local Trading Standards Office.

    Denise
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    He is right. Your contract is with the seller, not the manufacturer.

    And as it's after 6 months, it is up to YOU to prove that the fault was inherent
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • Eydon
    Eydon Posts: 599 Forumite
    Part of the Furniture 500 Posts
    I'm no expert and will be happily corrected but the Sale of Goods Act makes reference to ‘the seller’. This is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer and so imo Indesit are correct in that they don't have any responsibility to you under the Sale of Goods Act.

    EDIT: beaten by halibut
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You would have to get a report and pay for it from an independant repairer, if the fault is found to be inherent then you would be entitled tosomething as well as the cost of the report. If it isnt found to be inherent, then your stuck with his bill and another one for repair or replacement, sorry
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Evilm
    Evilm Posts: 1,950 Forumite
    Usually its Warranty with the manufacturer and SOGA with the retailer.
  • Mark_Hewitt
    Mark_Hewitt Posts: 2,098 Forumite
    Screenwipe wrote: »
    I have just phoned Indesit as my washing machine has packed up after only 2 and a half years.
    They want to charge £105 to send someone out to look at it.
    When I said that according to the sale of goods act, this item is not fit for purpose as 2 and a half years is not acceptable durability for a washing machine, he got snotty and said to me that if I am quoting the sale of goods act, I should know that it applies to the shop you bought it from, not the manufacturer.

    Spot on.
    He said that Indesit don't have to do anything.
    Is this right?

    He is right, yes. You're contract is with the retailer, not the manufacturer. They may provide a warranty, but this is outside of the SOGA.

    And two and a half years is reasonable depending on usage. You won't get any legal recourse here.
  • Thanks for all of your replies.
    I found my receipt, phoned Comet and they said exactly the same thing. I would need to get in touch with an independent VAT registered engineer (call out charge) who would need to investigate and write his report on headed paper (report charge), confirming / not confirming that in his opinion the washing machine blew up due to a fault that was there from the first day of purchase. He would also need to confirm the condition of the washing machine, where it was kept, how many loads I do a week etc ....
    The bloke was actually quite helpful and I know you guys have already answered this question but I thought I'd write a bit more info in case someone else needs to know.
    I'm off washing machine hunting now !!
    Lisa
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Blimey! Sounds like you got the only person in Comet's history that actually knows something!
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • StuieUK34
    StuieUK34 Posts: 2,109 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Enjoy shopping!
    For those that think 30 months is acceptable usage for your item, can you please give me some of your money, as it would appear money is no issue to you if you can buy stuff and just expect to replace it when it was poorly designed in the first place.........

    For those that need a bit of reassurance, take a peek:
    http://news.bbc.co.uk/1/hi/magazine/8253915.stm
    Quote from that article """
    Some items, like washing machines, are expected to last a long time """
    If 2.5 years is a long time, my god, i am OLD!!!! :D:D:D

    More info relating to washers:
    http://www.washerhelp.co.uk/washing-machine-consumer-advice_4.html#cl_q1
    http://www.washerhelp.co.uk/washing-machine-consumer-advice_5.html#cl_q5
    have fun !
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Screenwipe wrote: »
    I'm off washing machine hunting now !!
    Lisa

    Why?

    Get an engineer round and see what the problem is.
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