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Zanussi Fridge Repair - Breach of Contract?

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  • sheramber said:
    What happened:
    • Initial repair (thermostat + re-gassed) unsuccessful
    • Second visit – engineer considered unrepairable

    Where does that say that the repair  was successful for a little while?

    I know whose posts I find getting incoherent.
    Presumably in the context that the first engineer left after changing the part. 

    Are we suggesting the second engineer came out because the first engineer was simply stumped at facing a non-working fridge after changing the part and so just left the job?
    No, but it clearly wasn't repaired.  It started working again briefly, as can happen when people fiddle around with things, before conking out again.  If the root cause of the failure was not addressed, I wouldn't say it was repaired.
  • sheramber said:
    What happened:
    • Initial repair (thermostat + re-gassed) unsuccessful
    • Second visit – engineer considered unrepairable

    Where does that say that the repair  was successful for a little while?

    I know whose posts I find getting incoherent.
    Presumably in the context that the first engineer left after changing the part. 

    Are we suggesting the second engineer came out because the first engineer was simply stumped at facing a non-working fridge after changing the part and so just left the job?
    No, but it clearly wasn't repaired.  It started working again briefly, as can happen when people fiddle around with things, before conking out again.  If the root cause of the failure was not addressed, I wouldn't say it was repaired.
    I don’t believe the repair was carried out to a sufficient standard to fix the issue otherwise we wouldn’t be having the conversation (or the OP is very unlucky to get two unrelated faults in a short space of time).

    The point is the fridge must have worked when the first engineer left and the average person would say their fridge was repaired, as it started working, but then broke again. 

    Picking the OP to pieces because their posts don’t contain every detail in a context everyone can understand isn’t productive. 

    Half the posts on this forum contain very little info and a lot of posters never return to answer follow up questions. 

    We get a thread where the OP does come back in return they get berated. 

    The OP thought the fridge had been repaired, as did the engineer apparently, but clearly it wasn't.

    I don't think Zanussi's stance of "we didn't repair it the first time" is unreasonable.  Clearly they didn't despite people's beliefs at the time.  If it wasn't repaired, their "we'll refund you if the repair fails" term doesn't apply.
  • sheramber said:
    What happened:
    • Initial repair (thermostat + re-gassed) unsuccessful
    • Second visit – engineer considered unrepairable

    Where does that say that the repair  was successful for a little while?

    I know whose posts I find getting incoherent.
    Presumably in the context that the first engineer left after changing the part. 

    Are we suggesting the second engineer came out because the first engineer was simply stumped at facing a non-working fridge after changing the part and so just left the job?
    No, but it clearly wasn't repaired.  It started working again briefly, as can happen when people fiddle around with things, before conking out again.  If the root cause of the failure was not addressed, I wouldn't say it was repaired.
    I don’t believe the repair was carried out to a sufficient standard to fix the issue otherwise we wouldn’t be having the conversation (or the OP is very unlucky to get two unrelated faults in a short space of time).

    The point is the fridge must have worked when the first engineer left and the average person would say their fridge was repaired, as it started working, but then broke again. 

    Picking the OP to pieces because their posts don’t contain every detail in a context everyone can understand isn’t productive. 

    Half the posts on this forum contain very little info and a lot of posters never return to answer follow up questions. 

    We get a thread where the OP does come back in return they get berated. 

    The OP thought the fridge had been repaired, as did the engineer apparently, but clearly it wasn't.

    I don't think Zanussi's stance of "we didn't repair it the first time" is unreasonable.  Clearly they didn't despite people's beliefs at the time.  If it wasn't repaired, their "we'll refund you if the repair fails" term doesn't apply.
    Technically if any repair fails then it wasn’t repaired. 
    In the game of chess you can never let your adversary see your pieces
  • sheramber said:
    What happened:
    • Initial repair (thermostat + re-gassed) unsuccessful
    • Second visit – engineer considered unrepairable

    Where does that say that the repair  was successful for a little while?

    I know whose posts I find getting incoherent.
    Presumably in the context that the first engineer left after changing the part. 

    Are we suggesting the second engineer came out because the first engineer was simply stumped at facing a non-working fridge after changing the part and so just left the job?
    No, but it clearly wasn't repaired.  It started working again briefly, as can happen when people fiddle around with things, before conking out again.  If the root cause of the failure was not addressed, I wouldn't say it was repaired.
    I don’t believe the repair was carried out to a sufficient standard to fix the issue otherwise we wouldn’t be having the conversation (or the OP is very unlucky to get two unrelated faults in a short space of time).

    The point is the fridge must have worked when the first engineer left and the average person would say their fridge was repaired, as it started working, but then broke again. 

    Picking the OP to pieces because their posts don’t contain every detail in a context everyone can understand isn’t productive. 

    Half the posts on this forum contain very little info and a lot of posters never return to answer follow up questions. 

    We get a thread where the OP does come back in return they get berated. 

    The OP thought the fridge had been repaired, as did the engineer apparently, but clearly it wasn't.

    I don't think Zanussi's stance of "we didn't repair it the first time" is unreasonable.  Clearly they didn't despite people's beliefs at the time.  If it wasn't repaired, their "we'll refund you if the repair fails" term doesn't apply.
    Technically if any repair fails then it wasn’t repaired. 
    But did the repair fail or did they not repair the fault?

    They appear to be claiming the latter, but it's not clear what the actual fault supposedly is.
  • sheramber
    sheramber Posts: 22,538 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 14 August 2021 at 10:45PM
    sheramber said:
    What happened:
    • Initial repair (thermostat + re-gassed) unsuccessful
    • Second visit – engineer considered unrepairable

    Where does that say that the repair  was successful for a little while?

    I know whose posts I find getting incoherent.
    Presumably in the context that the first engineer left after changing the part. 

    Are we suggesting the second engineer came out because the first engineer was simply stumped at facing a non-working fridge after changing the part and so just left the job?
    That is what is implied by the OP's statements. 

    He didn't say the repair failed, he said it was unsuccessful. If a repair is unsuccessful it does not  succeed, therefore does not work.

    He then gets shirty with someone who didn't mind read that the repair worked for a short time before it failed.




  • sheramber said:
    What happened:
    • Initial repair (thermostat + re-gassed) unsuccessful
    • Second visit – engineer considered unrepairable

    Where does that say that the repair  was successful for a little while?

    I know whose posts I find getting incoherent.
    Presumably in the context that the first engineer left after changing the part. 

    Are we suggesting the second engineer came out because the first engineer was simply stumped at facing a non-working fridge after changing the part and so just left the job?
    No, but it clearly wasn't repaired.  It started working again briefly, as can happen when people fiddle around with things, before conking out again.  If the root cause of the failure was not addressed, I wouldn't say it was repaired.
    I don’t believe the repair was carried out to a sufficient standard to fix the issue otherwise we wouldn’t be having the conversation (or the OP is very unlucky to get two unrelated faults in a short space of time).

    The point is the fridge must have worked when the first engineer left and the average person would say their fridge was repaired, as it started working, but then broke again. 

    Picking the OP to pieces because their posts don’t contain every detail in a context everyone can understand isn’t productive. 

    Half the posts on this forum contain very little info and a lot of posters never return to answer follow up questions. 

    We get a thread where the OP does come back in return they get berated. 

    The OP thought the fridge had been repaired, as did the engineer apparently, but clearly it wasn't.

    I don't think Zanussi's stance of "we didn't repair it the first time" is unreasonable.  Clearly they didn't despite people's beliefs at the time.  If it wasn't repaired, their "we'll refund you if the repair fails" term doesn't apply.
    Technically if any repair fails then it wasn’t repaired. 
    But did the repair fail or did they not repair the fault?

    They appear to be claiming the latter, but it's not clear what the actual fault supposedly is.
    I think in terms of what the average person would consider, it would be taken that exchanging a part and then leaving the job would be a repair, that then failed. 

    (Unless the OP has left out a part where the first engineer said nope changing the part didn't fix it and that's all I can do so we'll get someone else out for a second visit). 
    In the game of chess you can never let your adversary see your pieces
  • sheramber said:
    What happened:
    • Initial repair (thermostat + re-gassed) unsuccessful
    • Second visit – engineer considered unrepairable

    Where does that say that the repair  was successful for a little while?

    I know whose posts I find getting incoherent.
    Presumably in the context that the first engineer left after changing the part. 

    Are we suggesting the second engineer came out because the first engineer was simply stumped at facing a non-working fridge after changing the part and so just left the job?
    No, but it clearly wasn't repaired.  It started working again briefly, as can happen when people fiddle around with things, before conking out again.  If the root cause of the failure was not addressed, I wouldn't say it was repaired.
    I don’t believe the repair was carried out to a sufficient standard to fix the issue otherwise we wouldn’t be having the conversation (or the OP is very unlucky to get two unrelated faults in a short space of time).

    The point is the fridge must have worked when the first engineer left and the average person would say their fridge was repaired, as it started working, but then broke again. 

    Picking the OP to pieces because their posts don’t contain every detail in a context everyone can understand isn’t productive. 

    Half the posts on this forum contain very little info and a lot of posters never return to answer follow up questions. 

    We get a thread where the OP does come back in return they get berated. 

    The OP thought the fridge had been repaired, as did the engineer apparently, but clearly it wasn't.

    I don't think Zanussi's stance of "we didn't repair it the first time" is unreasonable.  Clearly they didn't despite people's beliefs at the time.  If it wasn't repaired, their "we'll refund you if the repair fails" term doesn't apply.
    Technically if any repair fails then it wasn’t repaired. 
    But did the repair fail or did they not repair the fault?

    They appear to be claiming the latter, but it's not clear what the actual fault supposedly is.
    I think in terms of what the average person would consider, it would be taken that exchanging a part and then leaving the job would be a repair, that then failed. 

    (Unless the OP has left out a part where the first engineer said nope changing the part didn't fix it and that's all I can do so we'll get someone else out for a second visit). 
    But whether a repair was successful or not is a matter of fact, not opinion.

    Like I said, if the shoe was on the other foot and there was no refund guarantee for failed repairs the OP would be livid if they said "It worked when we left so it was repaired" and rightly so.
  • sheramber said:
    What happened:
    • Initial repair (thermostat + re-gassed) unsuccessful
    • Second visit – engineer considered unrepairable

    Where does that say that the repair  was successful for a little while?

    I know whose posts I find getting incoherent.
    Presumably in the context that the first engineer left after changing the part. 

    Are we suggesting the second engineer came out because the first engineer was simply stumped at facing a non-working fridge after changing the part and so just left the job?
    No, but it clearly wasn't repaired.  It started working again briefly, as can happen when people fiddle around with things, before conking out again.  If the root cause of the failure was not addressed, I wouldn't say it was repaired.
    I don’t believe the repair was carried out to a sufficient standard to fix the issue otherwise we wouldn’t be having the conversation (or the OP is very unlucky to get two unrelated faults in a short space of time).

    The point is the fridge must have worked when the first engineer left and the average person would say their fridge was repaired, as it started working, but then broke again. 

    Picking the OP to pieces because their posts don’t contain every detail in a context everyone can understand isn’t productive. 

    Half the posts on this forum contain very little info and a lot of posters never return to answer follow up questions. 

    We get a thread where the OP does come back in return they get berated. 

    The OP thought the fridge had been repaired, as did the engineer apparently, but clearly it wasn't.

    I don't think Zanussi's stance of "we didn't repair it the first time" is unreasonable.  Clearly they didn't despite people's beliefs at the time.  If it wasn't repaired, their "we'll refund you if the repair fails" term doesn't apply.
    Technically if any repair fails then it wasn’t repaired. 
    But did the repair fail or did they not repair the fault?

    They appear to be claiming the latter, but it's not clear what the actual fault supposedly is.
    I think in terms of what the average person would consider, it would be taken that exchanging a part and then leaving the job would be a repair, that then failed. 

    (Unless the OP has left out a part where the first engineer said nope changing the part didn't fix it and that's all I can do so we'll get someone else out for a second visit). 
    But whether a repair was successful or not is a matter of fact, not opinion.

    Like I said, if the shoe was on the other foot and there was no refund guarantee for failed repairs the OP would be livid if they said "It worked when we left so it was repaired" and rightly so.
    Consumer rights would kick in and the consumer would be entitled to a remedy.

    A policy that says they'll refund if a repair fails but then claiming any failed repair wasn't actually a repair would be classed as misleading.

    The policy should effectively say they'll refund after a repair attempt fails. 
    In the game of chess you can never let your adversary see your pieces
  • ThisnotThat
    ThisnotThat Posts: 500 Forumite
    500 Posts Name Dropper
    edited 14 August 2021 at 11:44PM
    sheramber said:
    What happened:
    • Initial repair (thermostat + re-gassed) unsuccessful
    • Second visit – engineer considered unrepairable

    Where does that say that the repair  was successful for a little while?

    I know whose posts I find getting incoherent.
    Presumably in the context that the first engineer left after changing the part. 

    Are we suggesting the second engineer came out because the first engineer was simply stumped at facing a non-working fridge after changing the part and so just left the job?
    No, but it clearly wasn't repaired.  It started working again briefly, as can happen when people fiddle around with things, before conking out again.  If the root cause of the failure was not addressed, I wouldn't say it was repaired.
    I don’t believe the repair was carried out to a sufficient standard to fix the issue otherwise we wouldn’t be having the conversation (or the OP is very unlucky to get two unrelated faults in a short space of time).

    The point is the fridge must have worked when the first engineer left and the average person would say their fridge was repaired, as it started working, but then broke again. 

    Picking the OP to pieces because their posts don’t contain every detail in a context everyone can understand isn’t productive. 

    Half the posts on this forum contain very little info and a lot of posters never return to answer follow up questions. 

    We get a thread where the OP does come back in return they get berated. 

    The OP thought the fridge had been repaired, as did the engineer apparently, but clearly it wasn't.

    I don't think Zanussi's stance of "we didn't repair it the first time" is unreasonable.  Clearly they didn't despite people's beliefs at the time.  If it wasn't repaired, their "we'll refund you if the repair fails" term doesn't apply.
    Technically if any repair fails then it wasn’t repaired. 
    But did the repair fail or did they not repair the fault?

    They appear to be claiming the latter, but it's not clear what the actual fault supposedly is.
    I think in terms of what the average person would consider, it would be taken that exchanging a part and then leaving the job would be a repair, that then failed. 

    (Unless the OP has left out a part where the first engineer said nope changing the part didn't fix it and that's all I can do so we'll get someone else out for a second visit). 
    But whether a repair was successful or not is a matter of fact, not opinion.

    Like I said, if the shoe was on the other foot and there was no refund guarantee for failed repairs the OP would be livid if they said "It worked when we left so it was repaired" and rightly so.
    Consumer rights would kick in and the consumer would be entitled to a remedy.

    A policy that says they'll refund if a repair fails but then claiming any failed repair wasn't actually a repair would be classed as misleading.

    The policy should effectively say they'll refund after a repair attempt fails. 
    No, it shouldn't.  The policy is as agreed, that if the item is not repaired, they get a voucher.

    There's nothing wrong with this, and many people will charge just to turn up and have a look.  Those that don't will undoubtedly have terms that ensure they're not out of pocket.

    In fact if you read the T&C's of the company the OP suggested will refund you if they fail to repair it, that's not true.  There's a long list of exemptions where they will deduct a callout fee if those conditions apply, and they're broad enough to apply to anyone.

    And just to point out, consumer rights would kick in because they'd not repaired it.  Well they haven't magically repaired it here either.  It's just as repaired as it would be if the OP had consumer rights over a failure to repair.
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