Faulty KitchenAid mixer - they won't exhange

photome

everyone is saying they have a right to repair but what is the damage they caused..is that repairable ? if so then let them repair the damage and fix the machine

if the damage isnt repairable and they admit they caused it then I think a replacement is in order

why does the 6 month rule come in to play if the manufacturer damaged it ?

sophy1988

lisyloo said:

No - letting them repair it now you’ve fully explained and agreed the fault would be reasonable.
you are not in a position to Make demands if they are offering to repair.

i don’t think you have a leg to stand on if they are offering to fix it and refusing to let them do so is unreasonable.

Is there a reason it’s hard for you to let them repair it? 

If if they and failed to fix it multiple times I’d be more sympathetic, but not giving them a second chance appears petulant.

That language is unkind, it's not petulant at all. It's that I don't trust them, I have already allowed them to repair a fault which should not be happening and I was more than happy to accommodate that initially but despite me saying that it was intermittent so I had video evidence to share if they needed it, they ignored that and just sent it straight back to me without even letting me know so it was lucky I was even home to accept it. Then, not only did they not fix it, they then damaged it further.

My reasoning for wishing for an exchange is that it is an incredibly heavy item, when they dropped it I believe it is likely to havecaused further damage to the product which could cause further faults down the line. If perhaps, they were offering additional warranty to mitigate this then perhaps I'd be more willing. Additionally, it is a key functioning metal arm that has been bent nearly 90° past its original position and there's also a spot where it has scratched the paint down to bare metal and scratched said metal. I asked if they would replace the metal arm (as just bending it back causes further stress/fatigue to the metal which is liable to break in future) and I asked if they believed they could repair the paint so that you couldn't tell it had been damaged and they said they could offer no suc assurances.

DB1904

sophy1988 said:

lisyloo said:

No - letting them repair it now you’ve fully explained and agreed the fault would be reasonable.
you are not in a position to Make demands if they are offering to repair.

i don’t think you have a leg to stand on if they are offering to fix it and refusing to let them do so is unreasonable.

Is there a reason it’s hard for you to let them repair it? 

If if they and failed to fix it multiple times I’d be more sympathetic, but not giving them a second chance appears petulant.

That language is unkind, it's not petulant at all. It's that I don't trust them, I have already allowed them to repair a fault which should not be happening and I was more than happy to accommodate that initially but despite me saying that it was intermittent so I had video evidence to share if they needed it, they ignored that and just sent it straight back to me without even letting me know so it was lucky I was even home to accept it. Then, not only did they not fix it, they then damaged it further.

My reasoning for wishing for an exchange is that it is an incredibly heavy item, when they dropped it I believe it is likely to havecaused further damage to the product which could cause further faults down the line. If perhaps, they were offering additional warranty to mitigate this then perhaps I'd be more willing. Additionally, it is a key functioning metal arm that has been bent nearly 90° past its original position and there's also a spot where it has scratched the paint down to bare metal and scratched said metal. I asked if they would replace the metal arm (as just bending it back causes further stress/fatigue to the metal which is liable to break in future) and I asked if they believed they could repair the paint so that you couldn't tell it had been damaged and they said they could offer no suc assurances.

So they have admitted to dropping it? If not stick to facts when you speak to them next. 

Sandtree

photome said:

everyone is saying they have a right to repair but what is the damage they caused..is that repairable ? if so then let them repair the damage and fix the machine

if the damage isnt repairable and they admit they caused it then I think a replacement is in order

why does the 6 month rule come in to play if the manufacturer damaged it ?

The OP is still arguing about the original issue for which the manufacture has stated there is no fault.

Other than it being fall damage the OP hasnt said what the extent of the damage is that they allege was caused whilst in the care of the manufacturer/distributor.

The 6 months rule is relevant to the original issue as I doubt the OP will be happy if the manufacturer, for example, simply replaced the stand (if thats the only damaged part) leaving the original speed issue unresolved.

sophy1988

DB1904 said:

sophy1988 said:

lisyloo said:

No - letting them repair it now you’ve fully explained and agreed the fault would be reasonable.
you are not in a position to Make demands if they are offering to repair.

i don’t think you have a leg to stand on if they are offering to fix it and refusing to let them do so is unreasonable.

Is there a reason it’s hard for you to let them repair it? 

If if they and failed to fix it multiple times I’d be more sympathetic, but not giving them a second chance appears petulant.

That language is unkind, it's not petulant at all. It's that I don't trust them, I have already allowed them to repair a fault which should not be happening and I was more than happy to accommodate that initially but despite me saying that it was intermittent so I had video evidence to share if they needed it, they ignored that and just sent it straight back to me without even letting me know so it was lucky I was even home to accept it. Then, not only did they not fix it, they then damaged it further.

My reasoning for wishing for an exchange is that it is an incredibly heavy item, when they dropped it I believe it is likely to havecaused further damage to the product which could cause further faults down the line. If perhaps, they were offering additional warranty to mitigate this then perhaps I'd be more willing. Additionally, it is a key functioning metal arm that has been bent nearly 90° past its original position and there's also a spot where it has scratched the paint down to bare metal and scratched said metal. I asked if they would replace the metal arm (as just bending it back causes further stress/fatigue to the metal which is liable to break in future) and I asked if they believed they could repair the paint so that you couldn't tell it had been damaged and they said they could offer no suc assurances.

So they have admitted to dropping it? If not stick to facts when you speak to them next. 

I already typed this twice now but apparently neither posted, gah!

Basically I've been fair and reasonable with my language to them and they admit it wasn't my fault therefore it is either theirs or the courier. I have asked if they believe it was them or the courier that caused the damage but they have not responded.

the_lunatic_is_in_my_head

Sandtree said:

photome said:

everyone is saying they have a right to repair but what is the damage they caused..is that repairable ? if so then let them repair the damage and fix the machine

if the damage isnt repairable and they admit they caused it then I think a replacement is in order

why does the 6 month rule come in to play if the manufacturer damaged it ?

The OP is still arguing about the original issue for which the manufacture has stated there is no fault.

Other than it being fall damage the OP hasnt said what the extent of the damage is that they allege was caused whilst in the care of the manufacturer/distributor.

The 6 months rule is relevant to the original issue as I doubt the OP will be happy if the manufacturer, for example, simply replaced the stand (if thats the only damaged part) leaving the original speed issue unresolved.

OP says "KitchenAid UK claimed there was no fault but as I had video evidence of it has conceded there is in fact a fault " and "They now accept that there is a fault, they acknowledge neither that nor the damage is my fault"

OP you have 2 avenues here, the first is consumer rights with the retailer, they should repair or replace.

If they say that they can’t repair or replace, refuse to or claim it’s disproportionately expensive then you have the final right to reject or a price reduction.

Also if after 1 repair attempt the goods still do not conform you may reject for a refund or price reduction but issue here is that it isn't the retailer who had carried out this so called repair so it's unlikely to count for this aspect.

The other avenue is with the manufacturer, presumably this is all being done under warranty so you'd have to check the warranty T&Cs, these can impose restrictions and don't have to follow consumer rights. 

Regarding the damage they have admitting to causing, they should repair this or correct this in another way (perhaps by a replacement or with a payment), a claim with KA for the damage would be simply seeking damages due to them damaging your property. 

Lakeland might agree to repair the fault but the damage might complicate matters, personally if KA are offering to repair both the fault and damage caused I would take that offer.