damaged fridge

kiwi07

I bought a new fridge to replace a broken fridge and bought it from an Argos. it was a Hotpoint undercounter fridge and I bought it on offer. Hotpoint has delivered the fridge this Wednesday and left it unpacked. I had no time to unpack it until today when I have discovered the damage on the right side of the fridge - dent of 2-3 cm long. It is clear that the fridge has been damaged whether it happened during transportation or even before. I have called Argos and they asked me to call them tomorrow afternoon after they contact Hotpoint. Argos said that the fridge has to be replaced and they have to speak to Hotpoint. The fridge is not been in use yet by me and it is obvious I can not have the damaged fridge like that on dispay on my kitchen. I dont know when the fridge will be replaced by Hotpoint. The question is - can I use this fridge until it will be replaced or it better to leave it unused just in case?

teddysmum

Our last fridge freezers were Hotpoint. The first two had bad dents and the third slight ones, but we decided that another swap was too much trouble. We didn't use the new ones, as the old Hoover one was still in the kitchen, but they took up a lot of space for a number of weeks.


We have an Indesit, now.

rustyboy21

Just ring up hotpoint and tell them what has gone on. Tell them Argos have said that it will be replaced, but you need to know, if you can use it until after Xmas, as they won't swap it before then.


Just be reasonable in your discussions, They will most likely say it is OK to use it until swapped.

kiwi07

As been advised I phoned Hotpoint and said that Argos said the fridge will be replaced but they said it can not be fully replaced because I should have inspected fridge at the time of delivery and notify them within 2-3 days. Hotpoint said if I was asked to sign the document if I am happy about delivered fridge I said that all I been asked to sign is the document that fridge been delivered. Because it outside of these 2-3 days notification policy all they can do is to send someone to inspect the fridge and then may be to organise the door replacement. I said that I will be talking to Argos but Hotpoint said that Argos may be unaware of that policy and that is why they told me that.

bod1467

It matters not. You have a reasonable time to inspect and accept goods. In my opinion 5 days is reasonable. So your rights under SOGA (Sale of Goods Act) are that you can reject it for a full refund if you wish, as (in my opinion) you are not yet deemed to have "accepted" the goods. Regardless the retailer MUST offer a remedy (repair, replace, refund) that does not significantly inconvenience the consumer.

Their 2-3 days is completely irrelevant - that is their policy, and this cannot overrule your statutory rights.

Also, it doesn't matter if their delivery docket says you are signing to accept the goods - this tries to limit your rights under SOGA and so is an unenforceable term.

kiwi07

When I rang Argos yesterday they said that fridge will be replaced and they asked me to ring them again tonight after they contact Hotpoint. They said that Hotpoint was not open yesterday.
Do I tell Argos about my conversation with Hotpoint or just stick with Argos? I think I better not to start using the fridge.

Hintza

If it was me I would be negotiating a decent discount and keeping it.

kiwi07

Hintza wrote: »

If it was me I would be negotiating a decent discount and keeping it.

If the fridge bought from Argos I assume that I had to speak to Argos about the discount if they will refuse to fully replace it after speaking to Hotpoint? If I bought the fridge for £150 (incl delivery) what would you call a decent discount?

PZH

kiwi07 wrote: »

... and it is obvious I can not have the damaged fridge like that on dispay on my kitchen.

kiwi07 wrote: »

If I bought the fridge for £150 (incl delivery) what would you call a decent discount?

So, you CAN have a fridge like that on display in your kitchen provided they give you a partial refund !!!

Do as bod1467 advised - why muddy the waters discussing a discount when you really wouldn't be happy in the long run with a damaged item?

kiwi07 wrote:

If the fridge bought from Argos I assume that I had to speak to Argos....

^^ This is all you need. There is no need at all for you to speak to Hotpoint. Your contract is with Argos and it is them that should rectify the situation.

It doesn't matter at all what Hotpoint policy is or what they tell Argos - the fridge is damaged and should be replaced, repaired or refunded by Argos.


True, in some cases it is better to speak to the manufacturer direct. However, in your case, they (Hotpoint) are not interested. So, stick with Argos.

McKneff

Is it on the side of the fridge or the side of the front,


If its on the side, and it is going into a gap, keep it and ask for a discount.


If its on the front, get a replacement.

kiwi07

McKneff wrote: »

Is it on the side of the fridge or the side of the front,


If its on the side, and it is going into a gap, keep it and ask for a discount.


If its on the front, get a replacement.

its on the right lower side.

Just had a call from Hotpoint service and repair department who said that they got details from someone called and they gave me the name of the person who I spoken earlier today. They said that they need 9 digit fridge reg. number so they can put it for exchange. I found some 9 digit number but they said it not the number they have been looking for and they still insisted in me finding that 9 digit fridge reg. number which I could not find. Then they put me on hold for few minutes and said that they will exchange it and they will call me this Thursday to arrange a day when they can come to examine the fridge, find the 9 digit registration number and replace it or may be to still change the fridge door. I said that I want them to replace the fridge.

I am just wondering why on Earth they were so insisting in that 9 digit fridge registration number if they will be fully replacing it?? Sure they just need the fridge models number for it? Is that not if they want that number so they can come here examine it and say that they can only replace the fridge door??? I asked if Argos been in touch already and they said that there is no need in me contacting Argos.