AO warranty repair not worked

flopsy1973

Hi
we bought a fridge from AO back in Aug 15 we seemed to be having issues with it cooling intermittently and a service engineer call in Aug 16 to look at it, he replaced the stat under warranty.
We tried this again for a while but were still getting the same issue so we phoned AO again just before xmas saying we wanted the item exchanged or refunded as the original repair had made no real difference.
They said another service visit would have to be done to check this first which they did last week. He has put on his report no repair possible. I have phoned AO and they put me in touch with the manufacturer who only offered me a contribution exchange out of goodwill.
I am not willing to do this, as the item has not worked satisfactory since purchased and is not fit for purpose. What do i need to go back to AO with now please as my contract is with them??
Also i purchase these with my credit card so are they jointly liable?
many thanks

[Deleted User]

flopsy1973 wrote: »

I am not willing to do this, as the item has not worked satisfactory since purchased and is not fit for purpose. What do i need to go back to AO with now please as my contract is with them??

You'd need to get an independent service engineer's report stating that the item has an inherent fault which was present at purchase.

Your problem is that you only informed AO of the fault a full year after purchase which hardly indicates that it didn't work properly from the outset.

The part refund offered by the manufacturer appears to be taking account of the eighteen months use you have had from the fridge.

DoaM

And the manufacturer doesn't have to do anything more than what the terms of any warranty they offer may state.

Your legal rights are with AO.

flopsy1973

thanks yes i realise my contract is with AO but what i my legal argument with them?
I do have a independant service engineer report, the one AO sent are just agent working for various manufacturers
i thought i had additional rights when paying with credit card are they liable?

[Deleted User]

flopsy1973 wrote: »

I do have a independant service engineer report, the one AO sent are just agent working for various manufacturers

No, what you have is a report (paid for by AO) condemning the fridge as no longer repairable. That's no use to you as it is only describing the condition it is in now, eighteen months after purchase.

The fault has to have been present from the time you bought it for you to be entitled to a full refund or replacement.

To repeat, You need to get an INDEPENDENT service engineer's report stating that the item has an INHERENT FAULT which was present at purchase. This report would need to be provided at your own expense (but the cost would be refunded by the retailer if you win).

Your credit card company would require the same, eighteen months after purchase.

Your problem is that you only informed AO of the fault a full year after purchase which hardly supports your assertion that it didn't work properly from the outset.

The part refund offered by the manufacturer appears to be taking account of the eighteen months use you have had from the fridge. The manufacturer is only offering this as goodwill, as you know.