Can retailers cancel agreement?

davehomebrew

My sister-in-law bought a new washing machine with agreement that the old machine would be taken away and disposed of, which she paid an extra amount for. The company delivered the machine, but now refuse to take away the old machine. Instead they have credited her card with the cost of removal, without agreement from her.
I believe they have a legal obligation to fulfill the contract, i.e to remove the machine. Am i right, or are they entitled to cancel that part of the agreement?

McKneff

Did they just refuse to take the machine away as they delivered the new one.


Was it unplugged etc and ready to be lifted out.


If so Did they give any reason for not taking it away.....

unholyangel

What reason did they give for not taking it away?

hollydays

She also needs to look at the small print on the companys website as regards access.

McKneff

I am half getting the impression that the person wanted the machine taking away at a later date
The op says they are 'now refusing to dispose' I may be wrong of course.

Hintza

davehomebrew wrote: »

The company delivered the machine, but now refuse to take away the old machine.

I think you are right. In which case I'm not surprised they have refunded the money. Regardless of what contract says I would expect uplift at same time as delivery and not some arbitrary date in the future.

Gavin83

Theres no way this is as simple as it sounds and you certainly haven't told us the whole story. What reason did they give for not taking it away?

davehomebrew

Thanks for all of your comments, here is a fuller story of events.

Machine was ordered and paid for instore at an Argos branch. Part of the agreement was to take away the old machine, which was paid for at the same time, and the payment appears on the same receipt. We were told that the old machine would be taken away separately. When they delivered the machine, there was no mention of picking up the old machine, which was unplugged and ready to go in another room. There was/is no access problem, it's on the ground floor of a house close to the front door. When she did not hear about the collection, she phoned Argos, who then said that the machine should have been collected at the time of delivery - news to us! They then said it was not possible to collect the machine as it should have gone at the time of delivery. They said they could or would refund the collection charge, which she did not agree to.

This afternoon I spoke to someone at head office and I said that they were in breach of contract and that they had a legal obligation to collect the machine. The agent spoke to her supervisor and insisted that they did have the right to refuse.

There is no get-out clause on the receipt, so I don't know what their basis of arguement is. It would not cost a fortune to get it removed, and it looks as if it will be down to us. Very inconvenient, as I live a fair way away, she has no other family nearby, and I would find it difficult - maybe impossible - to do it on my own. I am very tempted to take legal action as it's a matter of principle as much as anything else. Any more thoughts on this would be welcome.
Thanks.

frugal_mike

Well you can't force them to come and get the machine if they refuse. However if they are in breach of contract you can claim your losses back from them. Get quotes for having it removed and disposed of. If it comes to more than you paid Argos then you can claim back the difference.

It may not be worth the hassle if its not a huge amount of money though.

powerful_Rogue

Stick a sign saying "Washing machine available, spares or repair"

I reckon the scrap men will have it away within a couple of hours.

Valli

Just shove it outside - I wouldn't even waste ink/paper on a sign.

The scrappies hereabouts would take it quick sharp!