Getting a replacement Oven

whu64t

Hi Everyone

Hoping someone will be able to answer my question
We are having a new Kitchen fitted and received a New Zanussi Oven from AppliancesDirect......on the 2nd March.
We had the oven fitted on Friday(13th) and when cleaning the oven we noticed there was a slight dent on the stainless steel on the front of the oven.
Rang them on Sat and asked for them to ring me back.
Chased them today and spoke to customer services who advised me that they have a 5 Day policy where the oven has to be inspected if not fitting straight away.....
From their website
PLEASE CALL IMMEDIATELY TO REPORT DAMAGE

As with all new purchases, we understand that you will want to open and test your item as soon as it arrives. It's very important that you report any damaged, missing or incorrect items to us as soon as possible, preferably on the day of delivery. If this isn't possible we consider it reasonable that your items will have been checked and reported within 5 days. If you do not intend to use your goods immediately, please open and inspect them before storing, Damage requests reported too late will be refused.

I just would like to know if I have any rights to ask for a replacement.....
When the original delivery was made they did pull the packaging back to it could be inspected and this was in my garage so the dent wasn`t seen, when the oven was fitted and we cleaned it up you can make out the dent.......
They have stated that they wouldn`t do an excahnge and offered me a £25.00 voucher.....

Hope I have explained this clearly.....

Thanks You

Simon

rustyboy21

Have you not tried the polite technique and told them, yes you should have checked the goods before now, but it has only just come up.


They will most likely contact Zanussi and they will supply a new front for it. No need to swap the whole appliance.

whu64t

Hi

Yes I did but the lady said they wouldn`t do a swap for the item.......thats why she offered me £25.00 in vouchers.....

enfield_freddy

As with all new purchases, we understand that you will want to open and test your item as soon as it arrives

if its a built in oven , you would need a qualified electrician to set it up and test it

unholyangel

Few options:

1) Remind them that under Sale of Goods Act, you have a reasonable time to inspect the goods to see whether they conform to contract. What is a reasonable time is not defined in law - but thats because only a judge can decide what is reasonable. If a reasonable time has not passed you can reject the goods for a full refund (however keep in mind that the retailer doesn't need to provide a replacement instead of a refund or accept a new order from you). Them stipulating what is reasonable (5 days) is likely an unfair term, which brings me to my next point..

2) Time limit on claims are covered by unfair contract terms. The guidance can be found here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf
I'm pretty sure it would be covered as annexe A of the guidance gives examples they have made actual companies change - and some of those examples give 7 days.

Basically you want to argue that acceptance hasn't occurred as a reasonable time hasnt passed.

3) Approach the manufacturer and see if they will replace it under warranty.

DevCoder

enfield_freddy wrote: »

As with all new purchases, we understand that you will want to open and test your item as soon as it arrives

if its a built in oven , you would need a qualified electrician to set it up and test it

not really, if you are replacing like for like then Part P is exempt even in special areas. Accessories such as white goods/ovens are exempt although its recommended. Also quite a few built in ovens don't require their own dedicated circuit and are able to plug into a standard 13amp socket.

jaybeetoo

If you checked the oven in your garage and it was fine, how do you know the dent wasn't done when the oven was installed?

rustyboy21

It shouldn't need to come down to it having to be replaced. On most kitchen equipment now, the fascias are replaceable without having to replace the whole appliance.


OP, that is the way IMO you should go down, otherwise you will be having to fork out again for a re installation. For a few £ to the manufacturer, they will have a happy customer and no return to credit AO for.

Keep_pedalling

Regardless of the time that anyone thinks is reasonable to inspect it, the latest it should have been done was immediately before it was installed, because there is every chance it was dented durring the installation.

If you only noticed when cleaning it then it must be very superficial and personally provided I had a working oven I would just live with it as nothing stays pristeen very long anyway.