Defectify Applicance - Replacement Advice

jason.parker.86

Hi Guys,

I brought some brand new Siemens appliances for my new kitchen and after a few weeks the Microwave started to play up. After almost 1 year and 5 engineer visits they have agreed to replace the appliance after unsuccessful repairs.

Unfortunately they no longer produce my model has since been discontinued. They have agreed to give me the new model which looks a bit better to be honest but I have one problem.

The microwave is in a row / bank of ovens which all look identical. Having one new model and the other 2 older models will look terrible.

Am I within my right to request they replace all of them so they match?

mije1983

jason.parker.86 wrote: »

Am I within my right to request they replace all of them so they match?

Short answer is no. Well actually you are completely free to request it, but they probably will, and can deny your request.

agrinnall

This is all very familiar, did you post the same thing a while ago using a different username? Or was it someone else who happened to have the same issue as you? If that thread can be tracked down I'd imagine it will have in it the answers, although from what I recall you may not like them.

shaun_from_Africa

jason.parker.86 wrote: »

Am I within my right to request they replace all of them so they match?

You have the right to ask but the chances of them agreeing to replace everything is extremely remote.
Have you had a good around at the online retailers to see if any of them still have stock of the model that you need?
If you can find one, there is nothing stopping you buying it and selling the new one you have been offered.

shaun_from_Africa

agrinnall wrote: »

This is all very familiar, did you post the same thing a while ago using a different username? Or was it someone else who happened to have the same issue as you?

Here you are:
https://forums.moneysavingexpert.com/discussion/5293356

jason.parker.86

Thanks for the post - identical situation to mine. I will be taking the issue up with Siemens and if necessary take them to the small claims court.

I understand they have fulfilled there job in replacing the defective appliance but in doing so they will make the rest of them look like a load of crap.

shaun_from_Africa

jason.parker.86 wrote: »

Thanks for the post - identical situation to mine. I will be taking the issue up with Siemens and if necessary take them to the small claims court.

I understand they have fulfilled there job in replacing the defective appliance but in doing so they will make the rest of them look like a load of crap.

IMO, it will be pointless and a waste of money taking legal action as Siemens have done all that the law requires them to do.
One point worth asking. Did you make the original purchase directly from Siemens?

unholyangel

OP, did you buy directly from siemens?

Did it not occur to you at the time of buying that there is practically zero possibility of all items lasting the exact same length of time and so - sooner or later - you would have had to have non-matching items anyway?

I go for the same finish/style/look, but tend to not go for matching large appliances for this reason.

SoGA says that a consumer cannot enforce a remedy that is impossible or disproportionately costly in comparison to other remedies. Replacing all units will certainly be disproportionately costly in comparison to a refund/reduction in price (and both refund/reduction in price will leave you having to source a microwave that matches).

jason.parker.86

unholyangel wrote: »

OP, did you buy directly from siemens?

Did it not occur to you at the time of buying that there is practically zero possibility of all items lasting the exact same length of time and so - sooner or later - you would have had to have non-matching items anyway?

I go for the same finish/style/look, but tend to not go for matching large appliances for this reason.

SoGA says that a consumer cannot enforce a remedy that is impossible or disproportionately costly in comparison to other remedies. Replacing all units will certainly be disproportionately costly in comparison to a refund/reduction in price (and both refund/reduction in price will leave you having to source a microwave that matches).

But as far as I remember it also states they must replace like for like and also support the product for a minimum of 1 year.

What I expected was my appliances to last longer than a few weeks in my kitchen.

I purchased my appliances from an online retailer.

Letter of the law may state there obligation is fulfilled once they have replaced the defective product - however it at the same time renders the rest of them useless.

mije1983

jason.parker.86 wrote: »

But as far as I remember it also states they must replace like for like and also support the product for a minimum of 1 year.

Unfortunately that's not the case. Having a like for like clause would be unworkable. If something is not manufactured anymore, it can't be replaced like for like.

Have you tried to source one from elsewhere? If you can find one, you could ask the retailer to refund you so you can go and buy it.

jason.parker.86 wrote: »

Letter of the law may state there obligation is fulfilled once they have replaced the defective product - however it at the same time renders the rest of them useless.

Your SoGA rights are with the retailer not Siemens. I imagine Siemens are dealing with it under the manufacturers warranty? In which case they can pretty much choose whatever terms they feel like.

However, even your rights with the retailer in law doesn't allow for you to have all new appliances so they match.

jason.parker.86

mije1983 wrote: »

Unfortunately that's not the case. Having a like for like clause would be unworkable. If something is not manufactured anymore, it can't be replaced like for like.

Have you tried to source one from elsewhere? If you can find one, you could ask the retailer to refund you so you can go and buy it.




Your SoGA rights are with the retailer not Siemens. I imagine Siemens are dealing with it under the manufacturers warranty? In which case they can pretty much choose whatever terms they feel like.

However, even your rights with the retailer in law doesn't allow for you to have all new appliances so they match.

I think I will hit the online retailer with this one... To be honest I have had that many problems listed below:

1. Order arrived in full and delivered- and whilst it was being delivered the delivery driver dropped my fridge freezer damaging my metal plant pot (£50) and punching a hole in the door of the appliance. Instead of reporting it he looked about seen no one was looking and moved the plant pot so you could not see the damage. Luckily CCTV caught him.

2. I then had to beg for them to take my fridge freezer back even though they damaged it - at this point i was unaware how it was damaged.

3. 1st downdraft extractor was bent, 2nd one arrived and was also bent in a different location, sent a service engineer out to fix the thing and decided it needed 2 men to do it, 2nd man arrived a week later to repair the extractor and they decided it was the frame so ordered another one and come back another 2 weeks later and the part that was bent was replaced with another which was bent! finally item was replaced nearly 3 months after the original purchase.

4. microwave has had a total of 4 engineer repairs and now on the 5th the decide to replace it after it was obsolete. If they had agreed to replace it sooner it would have been in stock.

All in all ill take the retailer to court if I have to and throw criminal damage into the equation.