Unrepairable item refund. out of warranty

clkaz

I am posting here as I am unsure as to my rights with my current predicament.

I have a 4 year old treadmill. almost £1000 when bought. Had a problem so called a treadmill specialist company who actually deal specifically with the brand also.

We paid over £200 for new parts as the warranty for parts is expired. We have also paid over £100 for intial call out.

Treadmill is still not fixed and engineers have taken it away to their site to try and fix it. It is now coming onto the fourth month.

What I want to know is if I can demand a refund on EVERYTHING because essentially the treadmill is still unusable and I am hundreds out of pocket...

We called them in to repair it...they haven't done so and it has been months.

I am wanting to get advice on where to proceed from here. I have asked for an update via email from the engineers as the they have had the treadmill for two weeks and they have not been in touch.

I am losing hope so I am thinking about the next stage as 4 months on...I doubt much can be done about the treadmill...

unholyangel

Heres the previous thread:
https://forums.moneysavingexpert.com/discussion/4914724=

DaveTheMus

Forget the treadmill, get out on the road and run. Treadmills do half the work for you anyway.

clkaz

Dave it is also about the money. And it isn't always practical to go out and run. Although I agree with you outside is best but for those suffering from rheumatological conditions which are exacerbated by cold weather, etc the treadmill is one of the best options.

I am looking for info on my rights please as opposed to advice regarding whether or not I should even have a treadmill.

Thank-you

tomtontom

Your rights for the faulty treadmill are against the retailer, what have they said about this?

From reading the other thread I'm not convinced the repair company are at fault, it seems the treadmill failed on many levels and repeat calls have been needed - it is often not possible to diagnose all faulty parts at once.

clkaz

tomtontom wrote: »

Your rights for the faulty treadmill are against the retailer, what have they said about this?

From reading the other thread I'm not convinced the repair company are at fault, it seems the treadmill failed on many levels and repeat calls have been needed - it is often not possible to diagnose all faulty parts at once.

Retailer has stated that our "business" ended once they delivered the treadmill to us in working order.

As far as I am aware we can claim if the fault is found to be inherent and I have asked the engineers to note if the fault is inherent whilst they look at it on site.

With regards to my original post- my query is regarding the service the engineers have supposed to provide. They had visited 6 times and now taken the treadmill away and replaced 3 parts to no avail. Although the faulty treadmill may not be their fault they said they would fix it and if they don't then surely we are entitled to a refund as they have not provided us with the service we requested which was to have the treadmill fixed and working, not just to have parts replaced

Treadmill was purchased with credit card 4 years ago.

unholyangel

clkaz wrote: »

Retailer has stated that our "business" ended once they delivered the treadmill to us in working order.

As far as I am aware we can claim if the fault is found to be inherent and I have asked the engineers to note if the fault is inherent whilst they look at it on site.

With regards to my original post- my query is regarding the service the engineers have supposed to provide. They had visited 6 times and now taken the treadmill away and replaced 3 parts to no avail. Although the faulty treadmill may not be their fault they said they would fix it and if they don't then surely we are entitled to a refund as they have not provided us with the service we requested which was to have the treadmill fixed and working, not just to have parts replaced

Treadmill was purchased with credit card 4 years ago.

All depends on what exactly was agreed and also if they have failed to carry out their duties with reasonable care and skill.

Have you tried submitting a section 75 claim to your card provider?

da_rule

The retailer has a responsibility under the Sales of Goods Act to ensure that any items they sell are fit for purpose and of a reasonable quality. Now, the question becomes is a 4 year life on a treadmill that was used X times per week reasonable? That's an argument you need to have with the retailer. But their assertion that their business agreement ended at the time of supply is wrong.

clkaz

da_rule wrote: »

The retailer has a responsibility under the Sales of Goods Act to ensure that any items they sell are fit for purpose and of a reasonable quality. Now, the question becomes is a 4 year life on a treadmill that was used X times per week reasonable? That's an argument you need to have with the retailer. But their assertion that their business agreement ended at the time of supply is wrong.

We are happy to pay to replace parts which we have done. We have replaced three parts, but the fact that it still ist working is what is concerning. We realise treadmills needs parts replacing regularly depending on usage but here the treadmill doesnt seem repairable.

Unholyangel- what was agreed was verbal and it was that they would get the treadmill working again and they said they usually do this on the first if not second visit.