Argos or Indesit?

Lanlanlan

Hi,

My mum bought me an Indesit fridge freezer from Argos 3 years ago. This week it had stopped working. First the fridge stayed warm then the freezer.

I seriously thought an appliance should last longer than this, especially since the Indesit washing machine I have has lasted 12 years so far.

I read up on the Sale of Goods Act 1979 and followed the advice on the Money Saving Expert website.

Argos keep reiterating that I have to get in touch with Indesit, although I tell them my contract is with Argos They say that outside of warranty they have nothing to do with it. Although I have quoted the Sale of Goods Act and especially the fact thst it states goods should be durable (i.e. last longer thsn 3 poxy years) Argos insists it will do nothing without me getting an independant report showing an initial manufacturing fault and I hsve to contact Indesit. Which is not the advice on tbe website.

Csn someone please help and advise what I can do or say next?

Thank you.

System

Lanlanlan wrote: »

Hi,

My mum bought me an Indesit fridge freezer from Argos 3 years ago. This week it had stopped working. First the fridge stayed warm then the freezer.

I seriously thought an appliance should last longer than this, especially since the Indesit washing machine I have has lasted 12 years so far.

I read up on the Sale of Goods Act 1979 and followed the advice on the Money Saving Expert website.

Argos keep reiterating that I have to get in touch with Indesit, although I tell them my contract is with Argos They say that outside of warranty they have nothing to do with it. Although I have quoted the Sale of Goods Act and especially the fact thst it states goods should be durable (i.e. last longer thsn 3 poxy years) Argos insists it will do nothing without me getting an independant report showing an initial manufacturing fault and I hsve to contact Indesit. Which is not the advice on tbe website.

Csn someone please help and advise what I can do or say next?

Thank you.

Yes your fight is with Argos however its up to you to get a report

From the which site on Sales of Goods Act

After six months of ownership, it's up to you to prove that the problem was there when you received the product, even if it has taken until now to come to light.

So, you may need to prove that the fault was not down to ordinary wear and tear, or damage you caused, and that the product (or a component) should have lasted longer than it did.

To do this, you may need an expert's report, for example from an engineer or a mechanic.

Always try to keep the cost of any report proportionate to the value of the claim and, if you can, try to find an expert that you and the seller both agree has the necessary expertise.

Argos don't have to budge and you may have to take them to court. But be warned even if you had the slightest chance of winning you won't get a full refund as wear and tear will be calculated into refund payment.

CardinalWolsey

Lanlanlan wrote: »

My mum bought me an Indesit fridge freezer from Argos 3 years ago...I tell them my contract is with Argos

You have no contract with either Argos or Indesit. Your Mum has the contract with Argos, as she purchased it.

However, Indesit fridge freezers at Argos look to currently average out at around the £300 mark. You've had three years usage. On the basis that the supplier can choose to refund rather than repair, reducing the refund to take in to account the usage that you have had, I would expect your Mum to be able to claim somewhere between 10% and 20% of the original purchase cost - so based on the current averages something like £30 - £60 - IF you can get an engineer's report to demonstrate that the problem is inherent and there at point of manufacture.

Depending upon how you value your time, the best call you could make next would be to a local white goods repair service.

Lanlanlan

Thank you for your replies, they are very much appreciated.

The Act states that the product should be durable. Does this not mean the 5-6 years?

Thanks

CardinalWolsey

Durable has no legal definition (within this context). It is subjective based upon the type of product (and consequently the expected usage of a product), and the price paid for a product. A £1,000 fridge freezer should be expected to last longer than a £250 fridge freezer, but may not if subjected to commercial use (for example). On top of this, the requirement to pay for an independent report that confirms the fault would have been present at the time of purchase (albeit the supplier would be required to refund the cost of this report if it proves your case) puts the onus on yourself to "prove" that the supplier is liable.

A ~£300 fridge freezer, after three years... you would like to think it would last longer than three years, but how much time do you want to spend getting maybe a £40 contribution out of the supplier? And in the meantime, no fridge freezer (that's working).

Get it repaired, or get it replaced (new or second hand).

As an aside, have you tried completely emptying both the fridge and the freezer, and fully defrosting it? Have you tried any other troubleshooting? https://www.indesitservice.co.uk/troubleshooting-fridge-freezers

Lanlanlan

Thank you. Yes, the first thing I did was switch it iff and leave it for 24 hours but unfortunately it didn't make a difference.