Guarantee and lack of spares on appliance

[Deleted User]

Just wondering what (if any my statutory) rights are re a broken down kitchen hood (specifically the fan inside the appliance fitted as part of a fitted kitchen last October 2021) and the inability of the authorised repair agent (Glen Dimplex) to effect the repair after having assessed the situation on April 12th 2022.  After the initial assessment, I get a regular SMS message every few weeks stating 'Our stock management team are working hard to obtain the part(s) required to effect your repair.......' and little else apart from their phone number.  I've rung then up 3 times (the latest today) just to have the same information confirmed verbally.  Now getting to the point 14 weeks later that I have little confidance that the spare part will ever materialise.

I did suggest to Glen Dimplex that new units (complete appliance PRCGH008 Prima Hood) can be purchased for £115 from trade places (and quickly it seems) although I could not find motor spares from other spares websites.  I also suggested that they (Glen Dimplex) contact Prima themselves to request a complete replacement.  Heard back today by phone from Glen Dimplex that the reply was 'Prima refused/declined to do this and that I would just have to wait for the spare parts to arrive' with no indication as to delivery/repair timespans.

As it is under guarantee I'd like it repaired but I'm also coming to the conclusion that I might have to buy a new unit myself if repairs are not effected before the end of September when I really will need it operating.

I do have the address of head office for PJS who are the parent company using the Prima trade brand name so I'm inclined to create a paper trail and complain to them.

Thoughts anyone as to the best way to proceed.

 

Manxman_in_exile

You've given insufficent detail.

Your statutory consumer rights are against the seller.  Who are they?  Glen Dimplex?

You should only be following your warranty rights if they give you better protection than your statutory rights.  What are the T&Cs of the warranty compared to statutory remedies?

powerful_Rogue

Did you purchase the hood? If so, when did you purchase it and from where? How did you pay for it?

[Deleted User]

Manxman_in_exile said:

You've given insufficent detail.

Your statutory consumer rights are against the seller.  Who are they?  Glen Dimplex?

You should only be following your warranty rights if they give you better protection than your statutory rights.  What are the T&Cs of the warranty compared to statutory remedies?

The cooker hood was part of a fitted kitchen install.  Ironically it was the only appliance that I did not source myself.  The item itself is a Prima branded item.

https://www.prima-appliances.uk/pdf/data-sheets/PRCGH008-Prima-Product-Data-Sheet.pdf

It came with a 12 month manufacturer guarantee as standard.  So not a warranty at all (hence change in subject)

https://www.prima-appliances.uk/primacare/

Included in the link above is 

(Your Prima Guarantee: Any defects in the parts or materials used in these products occurring within 12 months of the purchase date (or 5 Year Parts and 2 Years Labour Cover, if registered within 30 days of purchase) will be repaired without charge)

So ultimately Prima were the seller, to probably a trade supplier before ending up with the kitchen installer.  I have a paper trail (invoices and contracts) to the firm of kitchen installers but no further.  

powerful_Rogue said:

Did you purchase the hood? If so, when did you purchase it and from where? How did you pay for it?

As above, payment of all goods to the kitchen installer via BACS not credit card.

As I have now worked out that the appliance is still under terms of guarantee, this issue for me is do I just have to grin and bear it for however long it takes for Prima to supply their repair agents (Glen Dimplex) with the replacement parts (fan motor and small circuit board)?  The alternative would be for Prima to authorise a completely new unit especially as they can be purchased widely and inexpensively (only £115 at a local Jewson https://www.jewson.co.uk/p/prima-curved-glass-chimney-hood-60cm-stainless-steel-PRCGH008) , but they have indicated to Glen Dimplex that they are refusing to do this.  Nor, seemingly, are Prima able to supply replacements parts to Glen Dimplex either or give any indication as to how long this is all going to drag on for.

I am thinking of now writing a letter of complaint to PJH head office to see if this can do anything to expedite the repair/replacement but was really seeking any additional advice from those more knowledgeable.       

 

Sandtree

[Deleted User] said:

Manxman_in_exile said:

You've given insufficent detail.

Your statutory consumer rights are against the seller.  Who are they?  Glen Dimplex?

You should only be following your warranty rights if they give you better protection than your statutory rights.  What are the T&Cs of the warranty compared to statutory remedies?

The cooker hood was part of a fitted kitchen install.  Ironically it was the only appliance that I did not source myself.  The item itself is a Prima branded item.

https://www.prima-appliances.uk/pdf/data-sheets/PRCGH008-Prima-Product-Data-Sheet.pdf

It came with a 12 month manufacturer guarantee as standard.  So not a warranty at all (hence change in subject)

https://www.prima-appliances.uk/primacare/

Included in the link above is 

(Your Prima Guarantee: Any defects in the parts or materials used in these products occurring within 12 months of the purchase date (or 5 Year Parts and 2 Years Labour Cover, if registered within 30 days of purchase) will be repaired without charge)

So ultimately Prima were the seller, to probably a trade supplier before ending up with the kitchen installer.  I have a paper trail (invoices and contracts) to the firm of kitchen installers but no further.  

No "ultimately" here... your statutory rights are with the company that you bought it from which you say was the kitchen company and so if you want to be enforcing your statutory rights its that company you need to chase. Who they bought it from is irrelevant, their rights on getting their money back from them are all not your concern.

Any manufacturer's guarantee, warrantee etc are all in addition to your statutory rights and come down to the individual T&Cs of that agreement which could well mean you have to wait indefinitely for parts. Hence why in some circumstances its better to go down the statutory route and in other cases the warrantee/guarantee 

lincroft1710

Your consumer rights lie with whoever sold you the hood which would be the kitchen installer who have the option to repair, replace or refund, whichever they decide.


Any manufacturer's guarantee is subject to their terms and conditions, which apparently states they will repair a faulty product FOC. So you can ask for a replacement, but that is not an alternative offered by their guarantee, so they are perfectly justified by refusing it. Goodwill may not be in their dictionary, but they are doing nothing wrong.


So you can approach the kitchen installer for a remedy and they may and I stress may agree a replacement, but they are also perfectly entitled to offer a repair only.

[Deleted User]

lincroft1710 said:

Your consumer rights lie with whoever sold you the hood which would be the kitchen installer who have the option to repair, replace or refund, whichever they decide.


Any manufacturer's guarantee is subject to their terms and conditions, which apparently states they will repair a faulty product FOC. So you can ask for a replacement, but that is not an alternative offered by their guarantee, so they are perfectly justified by refusing it. Goodwill may not be in their dictionary, but they are doing nothing wrong.


So you can approach the kitchen installer for a remedy and they may and I stress may agree a replacement, but they are also perfectly entitled to offer a repair only.

Interesting,  I may try this route with the installer although I am doubtful of any repair being performed as they would have the same issue as the authorized repair agent (Glen Dimplex) has had.  I am also less than optimistic in them agreeing to replace the unit with another one FOC as there was a bit of a bust up about the initial trunking solution leading from the blooming unit! 

[Deleted User]

Sandtree said:

DerwentMailman said:

So ultimately Prima were the seller, to probably a trade supplier before ending up with the kitchen installer.  I have a paper trail (invoices and contracts) to the firm of kitchen installers but no further.  

No "ultimately" here... your statutory rights are with the company that you bought it from which you say was the kitchen company and so if you want to be enforcing your statutory rights its that company you need to chase. Who they bought it from is irrelevant, their rights on getting their money back from them are all not your concern.

Any manufacturer's guarantee, warrantee etc are all in addition to your statutory rights and come down to the individual T&Cs of that agreement which could well mean you have to wait indefinitely for parts. Hence why in some circumstances its better to go down the statutory route and in other cases the warrantee/guarantee 

That again is interesting re the statutory rights.  So the kitchen installer firm cannot waive their statutory rights for goods supplied and fitted by them even though the ultimate origin of the goods is further down the chain.  I now need to know exactly what my statutory rights are in situations such as I now find myself.  I'll have a look myelf but would appreciate a link if possible. 

powerful_Rogue

DerwentMailman said:

Sandtree said:

DerwentMailman said:

So ultimately Prima were the seller, to probably a trade supplier before ending up with the kitchen installer.  I have a paper trail (invoices and contracts) to the firm of kitchen installers but no further.  

No "ultimately" here... your statutory rights are with the company that you bought it from which you say was the kitchen company and so if you want to be enforcing your statutory rights its that company you need to chase. Who they bought it from is irrelevant, their rights on getting their money back from them are all not your concern.

Any manufacturer's guarantee, warrantee etc are all in addition to your statutory rights and come down to the individual T&Cs of that agreement which could well mean you have to wait indefinitely for parts. Hence why in some circumstances its better to go down the statutory route and in other cases the warrantee/guarantee 

That again is interesting re the statutory rights.  So the kitchen installer firm cannot waive their statutory rights for goods supplied and fitted by them even though the ultimate origin of the goods is further down the chain.  I now need to know exactly what my statutory rights are in situations such as I now find myself.  I'll have a look myelf but would appreciate a link if possible. 

Everything you need to know is here > https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/

Substitute shop/retailer etc for Kitchen Installer.

Sandtree

[Deleted User] said:

Sandtree said:

DerwentMailman said:

So ultimately Prima were the seller, to probably a trade supplier before ending up with the kitchen installer.  I have a paper trail (invoices and contracts) to the firm of kitchen installers but no further.  

No "ultimately" here... your statutory rights are with the company that you bought it from which you say was the kitchen company and so if you want to be enforcing your statutory rights its that company you need to chase. Who they bought it from is irrelevant, their rights on getting their money back from them are all not your concern.

Any manufacturer's guarantee, warrantee etc are all in addition to your statutory rights and come down to the individual T&Cs of that agreement which could well mean you have to wait indefinitely for parts. Hence why in some circumstances its better to go down the statutory route and in other cases the warrantee/guarantee 

That again is interesting re the statutory rights.  So the kitchen installer firm cannot waive their statutory rights for goods supplied and fitted by them even though the ultimate origin of the goods is further down the chain.  I now need to know exactly what my statutory rights are in situations such as I now find myself.  I'll have a look myelf but would appreciate a link if possible. 

They're your statutory rights not the kitchen company's and in most cases you cannot choose to waive your rights, you can just choose not to enforce them. 

Whatever you buy is likely to have a long and complex multinational supply claim and following your idea would make it impossible for a consumer ever to get redress... Say you buy a Sony TV from a branch of Sevenoaks Sound and Vision, following your idea if your OLED screen developed a fault then the SS&V shop would say its not them but SS&V head office you have to chase because they buy all their stock from the franchisor.  SS&V head office could say its not them but Sony UK who is the UK distributor they bought from. Sony UK will point out they bought it from Sony Japan and so you have to go after them. Sony Japan could point out that the screen itself was bought from LG as until this year they were the only makers of OLED screens. I am sure if you went to LG then they too could point to other supplying them things (unfortunately dont know the supply chain beyond that).

Your CRA rights are with the company you entered into a contract with, not the company that made the individual component that failed or anyone else in the supply chain.

[Deleted User]

Just dug out myT&C from the kitchen installer and there is a paragraph in it that makes me wonder now.

'All materials not manufactured by The Company are not guaranteed by The Company and are subject to the manufaturers own guarantee and after sales (e.g. all appliances, sinks, taps, baths, electrical equipment etc)'

Does this give a means for the installer to wriggle out of some of their statutory obligations because it seems to?  Surely the CRA 2015 supercedes such clauses and gives me the right to now go to the installer and say to them 'Notwithstanding the above section (of this post) I'm invoking my statutory rights on the satisfactory quality aspect (specifically durability) of the appliance you supplied and fitted during the installation'