Repair vs Replacement

MsFingerpaint

I have a fridge-freezer which recently broken down after less than 3yrs of normal usage, but outside of the manufacturer's 2yr warranty.

I contacted the repair company stated in the appliance manual and on the manufacturer's website.

When I initially booked a call out they asked what date I bought the appliance and when I told them they informed me I was outside the warranty period, which I was aware of.

After two engineer visits and a lot of me chasing the company up regarding repairs, they sent me a message which stated: "We are replacing your appliance" (those exact words) and requesting further info such as proof of purchase, which I provided.

After further chasing on my part, they then backtracked and stated they would NOT replace my appliance because it is out of warranty.

When I asked them why they had told me they WOULD replace it, they said it was a mistake as they had assumed my appliance was still in warranty (even though I had given them the date of purchase at my first call and THEY had told ME I was out of warranty).

My question is this: by this company telling me that they were going to replace my appliance, did they legally enter into a contract with me to do so and can I hold them to this?

Thanks.

theonlywayisup

If the product is outside of warranty then there is no warranty and certainly no replacement.

Be thankful you haven't got a bill for the two engineer visits.

MsFingerpaint

I did pay for the engineer call out - they made me do that at the point of the initial call.

I understand that I would not be entitled to a replacement out of warranty, I'm just asking for my position with regards a company who told me that I AM getting a replacement and then changes their mind - I am trying to work out whether, if by telling me that they are supplying me with a replacement for my appliance, they would be considered to have entered into a contract to do so.

Nebulous2

Companies are allowed to correct mistakes. They don't always choose to, when they advertise something at a very low price for instance, as they take a view on what the poor publicity will cost them.

There is a formal definition of a contract and I don't think them emailing to say they would replace it comes anywhere close.

If you went to court the onus would be on you to show that a contract existed. How would you intend to do that?

davidmcn

MsFingerpaint wrote: »

I'm just asking for my position with regards a company who told me that I AM getting a replacement and then changes their mind - I am trying to work out whether, if by telling me that they are supplying me with a replacement for my appliance, they would be considered to have entered into a contract to do so.

No, you can't hold them to what is effectively a slip of the tongue. It doesn't form a contract.

mattyprice4004

You had your answer in the first reply - no.