Defective slow cooker

Jonny1983

Hi,

my wife and I got married just over a year ago and we received a Morphy Richards slow cooker as a present. A few days ago, my wife noticed that some of the liquid had leaked from the pot onto the metal shell below. She then looked at the pot and noticed that it has a crack.

The instruction manual clearly states that Morphy Richards offer a 2 year guarantee. My wife emailed about this, but they replied saying:

Our Design and Quality Assurance Department have confirmed that they have no major issues logged on the performance record of the crock pots supplied with our slow cookers.
It is possible that the crock pot may have received a knock during use or washing, if the pot had been stressed in any way during manufacture, this would have manifested itself on initial use.
We regret that we are unable to offer a replacement crock pot free of charge, however they can be purchased from our website...

Now, we both know that we haven't given the pot any knocks which could have caused this, although I'm also realistic enough to know that that's impossible to prove.

A few questions, sorry if they're blindingly obvious:

1. Who ought we to be pursuing about this - the manufacturer or the retailer?
2. It was a present, and so bought by someone else. Does that mean that it really needs to be them would need to pursue this?
3. Are Morphy Richards able to fob us off like that, by saying it must have been our fault? Or is the onus on them to actually provide some evidence for that?

Thanks for your help!

marliepanda

1. Retailer
2. Yes
3. Yes. It's a warranty which can have caveats. It may only cover electrical faults or something like that.

Jonny1983

Thanks for your reply. I'm still not 100% clear on question 3 though, sorry for my slowness.

If I understand you correctly, it is up to US to prove that we did not cause the damage due to misuse. Morphy Richards do not have to prove that we did. (They clearly regard their Quality Assurance Department's work as evidence enough) Is that a fair assessment?

What would you suggest is the next stage? As the friends who bought it if they're willing to return it to the store?

wealdroam

Jonny1983 wrote: »

Thanks for your reply. I'm still not 100% clear on question 3 though, sorry for my slowness.

If I understand you correctly, it is up to US to prove that we did not cause the damage due to misuse. Morphy Richards do not have to prove that we did. (They clearly regard their Quality Assurance Department's work as evidence enough) Is that a fair assessment?

What would you suggest is the next stage? As the friends who bought it if they're willing to return it to the store?

As you surmise, it is the purchaser who has statutory rights with the seller.

The manufacturer's warranty is in addition to those statutory rights and, as Marliepanda says, can have conditions.

Whoever made the purchase should perhaps seek a remedy from whoever sold the thing to him.
After six months the onus is on the buyer to prove that the problem is due to an inherent fault, but probably best to wait for the seller to ask for that proof.

Even if the fault is deemed to be inherent, one remedy could be a refund - reduced to take account of the use you have had.
I have no idea how much a year old crock pot is worth, but all I am saying is think about how much effort you might put in for perhaps little return.

peachyprice

Yes, after 6 months it is up to the purchaser to prove that the 'defect' is a manufacturing fault and not something you have done. It's a ceramic pot, it can be damaged in many ways like putting a hot pot in cold water, using it in the oven or hob if it's not intended, knocking it against a tap, dropping it, all of which are more likely that it cracking by itself after a year of use.

If you want to pursue this the purchaser will have to find and pay someone to write a report stating that the pot is defective, for which they will be reimbursed if successful. Or you can buy a new pot for around £10.

bris

What they are basically saying is you broke it prove you didn't.

LilElvis

Amazon are selling Morphy Richards slow cookers at price points between £20 and £60. Given they are pretty cheap I wouldn't put a friend through the hassle of trying to arrange a remedy from the seller, plus they are going to feel awful if they don't get a anywhere and have to give you a broken pot back again.