Retailer and manufacturer not honouring 5 year parts and labour guarantee on appliance

ceena1

I purchased a Montpellier fridge which was delivered in August 2020. The fridge was sold with a 5 year parts and labour guarantee. After just over 3.5 years of use, the fridge has stopped working. I contacted the manufacturer to come check. They sent an engineer who assessed and due to a gas leak for unknown/non-obvious reasons, he deemed the fridge unrepairable and recommended it be replaced. The manufacturer issued an uplift number and asked me to pass on to the retailer from whom I originally purchased the fridge (Appliance City). Appliance City have refused to arrange pick up of the broken down fridge and replace with a like-for-like. Instead they are offering a partial refund as they are deducting an amount equivalent to how long I've used the appliance for. The amount being offered cannot help me purchase any replacement as it is around a third of what it originally cost me to purchase and delivery. Instead Appliance City are pointing me back to Montpellier saying it was a manufacturer guarantee and they can arrange for a direct exchange. Montpellier on the other hand are refusing saying my contract of sale was with Appliance City and they have to deal with this and they can deal with it however they see fit. It appears no one is honouring the 5 year guarantee. The actual documents that came as part of the sale only state that this appliance is covered with a 5 year parts and labour guarantee. There is no small print and terms and conditions to explain this guarantee any further. Can you please advise what my next steps should be and whether I am mistaken to think a 5 year guarantee should offer more protection than the standard Consumer Rights Act 2015 which applies regardless of whether there was a guarantee or not. Would appreciate any guidance that can be offered. Thanks

Okell

Does the paperwork you do have with the guarantee say who the guarantee is with?  Is it Montpellier or Appliance City?

I'd have thought that if Montpellier have given authorisation for a replacement then Appliance City should honour it.  Sorting out the details should be between Montpellier and Appliance city - nothing to do with you.

Appliance City sound as if they are treating it as a Consumer Rights Act claim.  Do they understand it's a claim under the guarantee?

Have you explained to Montpellier that Appliance City are ignoring the uplift number?

user1977

ceena1 said:

they are offering a partial refund as they are deducting an amount equivalent to how long I've used the appliance for. 

That is what your statutory rights entitle you to. Bear in mind what you ought to have is a 4 year old (working) fridge, so you're not entitled to a shiny new one. I'd probably take the money and run.

km1500

yes what you are entitled to is a working 4 year old fridge, or the cash value of one

are you able to check anywhere EG on eBay what the going price is for a four-year-old fridge of that make and model

born_again

 The actual documents that came as part of the sale only state that this appliance is covered with a 5 year parts and labour guarantee. There is no small print and terms and conditions to explain this guarantee any further. 

So nothing that says "Should they be unable to fix, you get a brand new fridge? Parts & labour is pretty clear what it means if it breaks down.

Then Appliance City are offering exactly what they have to do under the consumer rights. Which includes a fair deduction for the 4 years usage of the fridge.

Any guarantee or warranty is over & above your consumer rights & requires you to adhere the the T/C of them.

Jumblebumble

born_again said:

 The actual documents that came as part of the sale only state that this appliance is covered with a 5 year parts and labour guarantee. There is no small print and terms and conditions to explain this guarantee any further. 

So nothing that says "Should they be unable to fix, you get a brand new fridge? Parts & labour is pretty clear what it means if it breaks down.

Then Appliance City are offering exactly what they have to do under the consumer rights. Which includes a fair deduction for the 4 years usage of the fridge.

Any guarantee or warranty is over & above your consumer rights & requires you to adhere the the T/C of them.

Their FAQ say they will repair it come what may with no disclaimer
It seems as though the warranty like so many is not worth the paper it is printed on
What may well be going on is the fact that the repair is subcontracted and the repair person simply cannot be bothered as  I am well aware that if the coil springs a leak inside the sprayed insulation no one is going to repair it
( I had this myself when I paid Miele for a fixed repair. The engineer came and said it was irreperable. His manager looked up the part and insisted it was. The engineer said he would like to see how.
Of course the experienced engineer was correct.
Miele kindly gave us a brand new fridge freezer wiith 2 years warranty




With your 2 or 5 year guarantee, you can rest assured that our specialist service agents will be out to assess and repair your product with unlimited call-outs. You can book a service call by emailing us at repair@montpelliersupport.com or calling us on 01759 487839

sheramber

Normally you have to register the product to get the guarantee.

Their website says a postcard is enclosed for you to complete and send back to register.

ceena1

Thank you everyone for your responses. Okell said:

Does the paperwork you do have with the guarantee say who the guarantee is with?  Is it Montpellier or Appliance City?

I'd have thought that if Montpellier have given authorisation for a replacement then Appliance City should honour it.  Sorting out the details should be between Montpellier and Appliance city - nothing to do with you.

Appliance City sound as if they are treating it as a Consumer Rights Act claim.  Do they understand it's a claim under the guarantee?

Have you explained to Montpellier that Appliance City are ignoring the uplift number?

Thank you for your response. The paperwork states the fridge comes with a 5 year guarantee from Montpellier. It's printed on Montpellier's booklet that comes with the fridge. 

Appliance City say that if I want a direct exchange I should speak to Montpellier and as.a retailer they can only offer me the partial refund. When I speak to Montpellier, they say they've authorised the uplift number which is all they can do as part of the guarantee if they can't repair the fridge and it's now down to the retailer on how they want to handle the case as my contract of sale was with the retailer Appliance City and not with Montpellier. Montpellier and Appliance City are not talking directly to each other and keep pushing the problem on me to contact the other party. 

It would feel logical that Appliance City deal with Montpellier and sort the matter out for me (after all, Appliance City promoted the 5 year guarantee when. selling the fridge). But it feels like both sides are not interested. Feels like the only option I have left is to pursue Simple Procedures court route. 

ceena1

user1977 said:

ceena1 said:

they are offering a partial refund as they are deducting an amount equivalent to how long I've used the appliance for. 

That is what your statutory rights entitle you to. Bear in mind what you ought to have is a 4 year old (working) fridge, so you're not entitled to a shiny new one. I'd probably take the money and run.

I would happily take a functioning used fridge but what is being offered would not cover for an equivalent. I have a larder tall fridge that has to be specific dimensions and fitted with a slider fitting and that limits my options. 

ceena1

born_again said:

 The actual documents that came as part of the sale only state that this appliance is covered with a 5 year parts and labour guarantee. There is no small print and terms and conditions to explain this guarantee any further. 

So nothing that says "Should they be unable to fix, you get a brand new fridge? Parts & labour is pretty clear what it means if it breaks down.

Then Appliance City are offering exactly what they have to do under the consumer rights. Which includes a fair deduction for the 4 years usage of the fridge.

Any guarantee or warranty is over & above your consumer rights & requires you to adhere the the T/C of them.

 I visited Citizen Advise who say exactly as you state that the Guarantee is over and above the Consumer Rights protection and unless something in the guarantee terms and conditions state that in the event of not being able to fix the appliance, they would provide a partial refund reflecting the depreciated value of the appliance over time, then it is reasonable to assume a like-for-like replacement or full refund.

That resonates with me as the refund for depreciated value of the appliance is what you seem to be able to get as part of Consumer Rights Act regardless. Surely the 5 year guarantee is meant to provide extra assurance/cover? It is all very confusing. 

ceena1

Jumblebumble said:

born_again said:

 The actual documents that came as part of the sale only state that this appliance is covered with a 5 year parts and labour guarantee. There is no small print and terms and conditions to explain this guarantee any further. 

So nothing that says "Should they be unable to fix, you get a brand new fridge? Parts & labour is pretty clear what it means if it breaks down.

Then Appliance City are offering exactly what they have to do under the consumer rights. Which includes a fair deduction for the 4 years usage of the fridge.

Any guarantee or warranty is over & above your consumer rights & requires you to adhere the the T/C of them.

Their FAQ say they will repair it come what may with no disclaimer
It seems as though the warranty like so many is not worth the paper it is printed on
What may well be going on is the fact that the repair is subcontracted and the repair person simply cannot be bothered as  I am well aware that if the coil springs a leak inside the sprayed insulation no one is going to repair it
( I had this myself when I paid Miele for a fixed repair. The engineer came and said it was irreperable. His manager looked up the part and insisted it was. The engineer said he would like to see how.
Of course the experienced engineer was correct.
Miele kindly gave us a brand new fridge freezer wiith 2 years warranty




With your 2 or 5 year guarantee, you can rest assured that our specialist service agents will be out to assess and repair your product with unlimited call-outs. You can book a service call by emailing us at repair@montpelliersupport.com or calling us on 01759 487839

That is what has happened with me too. There appears to be a suspected gas leak and the engineer (who are subcontractors) said it won't be economical to try finding and repairing the gas leak issue so best getting it replaced.
Glad your experience with Miele was much smoother. I will look at them for my replacement fridge.
Thank you for your email.