Defectify Applicance - Replacement Advice

mije1983

jason.parker.86 wrote: »

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.

As I said, if you are dealing with Siemens under their warranty then they may have a 5 repair rule. Their warranty, their rules (within reason).

Your legal rights are with the retailer. What did they say when you approached them with the original problem a year ago?


While you have had a poor experience, none of this entitles you to all brand new appliances.

unholyangel

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.

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.

Actually SoGA makes no reference to "like for like" however you are right that any replacement offered should be like for like - but that does not mean the exact same - just that it should be of a similar condition, age and specification.

Also, there is no requirement on manufacturers (or retailers) to provide any warranty/support. Although if a warranty is offered, it is binding on the entity offering it.

If you didn't purchase from siemens then all you have with them is whatever the terms of their warranty provide you with. Your statutory rights are with the retailer who sold you the items.

Furthermore, the other objects are not rendered useless solely because the replacement item won't be a perfect match cosmetically. You are - of course - free to ignore my advice, but I would advise that you refrain from dramatics and stick to the facts.

I understand you might be upset/frustrated at how things are, but keep in mind this is essentially a business transaction - and emotions have no place in those.

McKneff

one sentence.


You would be completely wasting yours and everyone elses time, and you would get absolutely nowhere and be poorer financially.

Ectophile

You'll be lucky to win anything other than a refund of the cost of the defective appliance.

All the other faults have now been fixed. If you can show any other losses which have cost you money, you could claim for them. But general inconvenience doesn't count.

Accidentally dropping an appliance is not criminal damage. You could claim for that - except that they have already replaced the damaged appliance.

jason.parker.86

Dropping an appliance on my plant pot smashing it in the process then hiding the evidence is criminal damage.

My contract with the retailer was for appliances which all like up and look the same. Under section 75 the contract I have is broken and needs rectifying.

gettingtheresometime

dummies & prams

wealdroam

jason.parker.86 wrote: »

Dropping an appliance on my plant pot smashing it in the process then hiding the evidence is criminal damage.

No it is not criminal damage. It was an accident... or are you saying he did it on purpose?
It was rather naughty of him not to point out his error though.

jason.parker.86 wrote: »

My contract with the retailer was for appliances which all like up and look the same. Under section 75 the contract I have is broken and needs rectifying.

I think you'll find that you have a number of contracts with the retailer, one for each appliance.

When seeking a remedy under The Sale of Goods Act, you can express a preference of either a repair, replacement or refund. You cannot force a seller to provide a disproportionate remedy. That effectively means that the seller can choose the most cost effective remedy. If a repair or replacement is no longer possible, you may be left with accepting a refund. You need to know that any refund can be reduced to take account of the use you have had.

In my opinion, if the seller cannot offer a suitable replacement (doesn't look like you have even asked him yet), you best course of action has already been suggested in post #4.

Did the faulty appliance cost more that £100? If not then Section 75 won't help you.

Do let us know how you get on, won't you?

mije1983

Unless it was done deliberately or recklessly, it wouldn't be classified as criminal damage. You may well have had a case to claim for the damages though, but through a civil court rather than a criminal one.

You seem quite adamant about pursuing this through a court, despite not really having a case. All I can say is good luck, and please keep us all updated with what happens as it will help others in the same situation in the future.

jason.parker.86

Finally got somewhere...

Phoned Lloyds Card Services who confirmed that my case would be directly with the retailer.

My contract with the retailer was for a set of kitchen appliances and given the fact the appliance had failed within such a short time of purchase they were required to replace the appliance "like for like".

Although they said ultimately they can use the excuse they have repaired the defective appliance and therefore there is no dispute to resolve, the contract with them was for a set of matching ovens. If they can not replace like for like then the contract is no longer fulfilled which means they have to give me a refund.

Moral of the story ... Buy everything on a credit card.

Regarding the damage of the plant pot... Dropping an appliance on it accidentally is one thing. Asking the customer to sign for the goods as being received in good working order when you fully know they are not, then hiding the damage from the customer and defrauding Samsung who I am sure they will claim from saying the fridge freezer was damaged in transit is not just someone being a bit clumsy!

tomtontom

Are you saying that, in the space of a phone call, Lloyds have agreed to refund/ replace the whole lot?

If so I'm calling BS ...