Faulty NEFF Oven What are my rights

barnos

Hi,

About 5 years ago we purchased a complete new kitchen from a local supplier. I wasn't happy with their service, but the work was completed and I paid in full.

About 9 months after installation the microwave combination oven developed a fault–the kitchen fitting company directed me to NEFF's own maintenance division (BSH Home Appliances Ltd) - they came out and did a repair under warranty. Unfortunately the unit failed again, they came out again and did the repair free of charge. The third time the unit failed it was out of warranty and consequently I had to pay! The fourth time it failed, was within 12 months of the previous repair–so this repair was free of charge but the fifth time (December just gone) I was forced to pay almost £200 ( because, they argued that the last repair was free).

Even worse–the £200 repair only lasted a couple of days. I finally escalated my complaints to BSH Home Appliances Ltd - who sent out a senior engineer, who advised that the unit had been installed incorrectly ( the first time this was mentioned in 5 years!), He ordered a new part which came within 2 weeks and was fitted–the unit worked for one day then failed again.

I complained again–demanding replacement unit they have offered me a replacement unit at the “special price" of £400 .. I appreciate that this is probably a special price but have only just paid £200 for a repair that didn't work.

My present stance is that I've asked them to come out again and “complete" the repair that hasn't been satisfactorily completed ..

I presume–my rights are intact in relation to this last repair–but I wonder how I stand with regard to the overall experience–I purchased this unit in good faith, and have had nothing but trouble with it over a period of 5 years and now it is working. Can I demand a replacement?

Will I be forced to go back to the kitchen retailer - can I complain directly to BSH Home Appliances Ltd - who have been doing the repairs all this time?

Any advice would much appreciated

thanks

arcon5

No you cannot.

Any rights you may have are with the local supplier who sold you it - but after 5 years i) you'd need proof the fault was inherent ie not wear and tear or misuse ii) they can opt for the most cost effective remedy to them. Probably a partial-refund, but with you having it for 5 years I suspect it would be in the region of 10-15% (at a push).

Your rights with the repair company are a different matter though... if the repair is sub-standard you have the right to it rectified. If though the component keeps failing because of incorrect installation and not because of a sub-standard repair then the repair company have done nothing wrong.

barnos

Ok point taken with regard to the age of the appliance...however, when they carried out the repair in DEC, and charged me £200, they didn't mention incorrect installation (as they hadn't done for the previous 5 repairs). They ONLY mentioned it when this latest repair failed.

CoolHotCold

Doesn't matter, your contract is with the retailer under the SoGA, the issue is complicated because you have not given the retailer a chance to resolve the issue and instead brought a 3rd party repair agent in.

IMO, I think you've waved goodbye to all SoGA remedies and will have to rely on the repair agent/NEFF warranty terms and conditions or goodwill.

barnos

I understand that that could be the case but... let me be absolutely clear.

Way back when the unit failed under warranty, the kitchen supplier advised me that all repairs must be carried out by the authorised repair agent - they directed me to the NEFF's repair agent, they absolutely did not want anything to do with carrying out the repair.

[As an aside–I believe they have somewhat shot themselves in the foot by coming out, free of charge, and fitting in additional vent, at the request of NEFF, after the NEFF engineer pointed out (after 5 years) that the unit had not been installed as per specification. i.e. With an additional vent in the foot plate.]

so, the real issue remains, presumably I should be able to insist that Neff's agent re-attend and rectify the repair that they carried out in December, that has not been successful.

withabix

Neff's agent repaired the microwave, as they were contracted to do.

If the microwave was installed incorrectly in the first place, it could actually allow Neff's repairer to bill you for all of the free repairs carried out to date.

Your only possible claim is against the company who installed the microwave for you originally and nodody else.

barnos

But if NEFF repaired (and charged for the repair) 4 times BEFORE stating that it had been installed incorrectly.. which only needed a visual inspection to reach that conclusion (assuming they know there own installation guidelines) .. surely there is at least shared culpability on behalf of the repairer?

CoolHotCold

Not really, Neff are not under obligation to point out mistakes unless dangerous. It could be anything from a minor mistake that has no impact to the current fault to a related one. It doesn't really have much bearing on NEFF as the repair agents.

arcon5

Perhaps op could argue they hired them to identify and fix a fault, not merely one of the symptoms? So if the fault was to do with installation not as per manufacturers guidelines and the component they keep repairing is merely the result of this fault, maybe they have breached their duty of care?

(Just throwing that out there...)

Op --
Going back to the fact the installers fitted a new vent... when was this in relation to the current fault?
If before the fault developed & the unit is now installed as per correct specification, surely incorrect installation wouldn't be the cause?