Curry’s fridge nightmare need urgent help

loulougaga

Sorry bit of a long one - bought a fridge freezer brand new from curry’s in 2019 with a 5 year warranty and 10 year compressor warranty - a year in the ice machine was faulty so we claimed on the 5 year warranty no problems - 4 5 years later it started losing it temperature we claimed on the warranty as still in date for the compressor element and a Samsung approved engineer came which we paid for and said it was the compressor and they would order a new one - a week later was told they didn’t do one for our model and our fridge was built in 2014 so wasn’t covered under the 10t year warranty even though we had only had this for 5.5 years -challenged this obviously and was then told the fridge we had bought brand new was in fact 5.5years old when we bought it and was told to contact curry’s !!! Therefore the warranties were not valid any more - we went back and forth with Samsung who basically blanked us - we went to curry’s and was told that wouldn’t have happened as they don’t sell stock over about 12 months . We got an independent engineer to try to repair and was told it was unrepairable -We emailed customer services lost count how many times and it got escalated to their customers for life dept who then just stopped communicating with us - curry’s have since offered us to
come out to try to repair of which we have told them backed up by 2 engineer visits that it is not repairable-to which of this is the case they will offer us £247 as a partial  refund on a £1600 fridge as we have had it now over 5 years and the warranty isn’t valid can you believe their cheek -not had a fridge freezer for over 2 months and over Christmas been extremely stressful waiting on them to sort - do I do a right to reject or take to small claims court as they are refusing to acknowledge they sold us a fridge that in all respect was out of its warranty when we bought it - our argument is this fridge should not have been sold to us as it was over 5 years old at the point of sale unbeknownst to us - essentially we know own a 10.5 years old old fridge which should be 5.5 and it doesn’t work and I’m stuck 

Keep_pedalling

Curries have nothing to do with the warrantee, but they have offered you a partial refund which will have taken into account the 5.5 years use you have had from the product. You are not entitled to a replacements but whether the offer is fair or not I will leave others to comment on, but if it was much older I doubt if they would offer anything. 

Emmia

I'd take the £247 and buy a new fridge/freezer (maybe not from Currys and probably not a Samsung). 

Mark_d

When you buy an appliance from a retailer, it hasn't just been manufactured.  I'm sure you'll find that selling old products is fairly common.  At this point in time I'd be happy to take the £247 and learn from the experience.

When I'm buying electrical/electronic items, I always check the manufacturer's website to make sure that the item is a current model.  You might be surprised to find that a lot of products on Amazon aren't the current model!

Olinda99

A 10 year warranty starts from the purchase date, not manufacture date - obviously. Avoid Samsung. 

loulougaga

But surely a £1600 fridge freezer should last longer that 5 years under the CSA 2015 6 year ruling and also a warranty should start from when you purchased the item not from manufacturing date ?

Emmia

loulougaga said:

But surely a £1600 fridge freezer should last longer that 5 years under the CSA 2015 6 year ruling and also a warranty should start from when you purchased the item not from manufacturing date ?

The point though is that it's not a 5 year old fridge. It's a 10 year old fridge, which the OP bought "new" 5 years ago.

Whether the warranty is from date of manufacture or purchase is up to the company providing it.

https://www.samsung.com/ie/support/warranty/

PHK

loulougaga said:

But surely a £1600 fridge freezer should last longer that 5 years under the CSA 2015 6 year ruling and also a warranty should start from when you purchased the item not from manufacturing date ?

The warranty and your consumer rights are two different things. The warranty can have any terms the warrantor wants provided they are not unfair. Really in this case you are arguing about pointless things - the appliance can't be repaired. 

As Curry's seem to accept the appliance was I herently faulty then your consumer rights are that you are entitled to a partial refund taking into account the age of the freezer and the use you've had. What they've offered is reasonable. 

Incidentally, there's no 6 year ruling. You have up to six years to bring a claim that the item is inherently faulty (or significantly not as described). But that doesn't mean that something should last six years. In the case of a £1600 appliance then you might expect it to last longer. But if you discovered in year 7 that it didn't confirm to the contract then you'd have no right to a refund or repair. 

the_lunatic_is_in_my_head

OP Currys will offer you the minimum they think they can get away with, escalate higher with Currys and ask for more (I'd start at £850 based on the fridge lasting 10 years). 

You should point out that goods are required to be of satisfactory quality which includes durability and this is judged by the standards of a reasonable person with consideration for price and a reasonable person buying a premium brand for £1600 should expect much longer than the offer price represents,.

https://www.legislation.gov.uk/ukpga/2015/15/section/9

Regarding the warranty, do you still have the warranty card that came with the fridge? The above link says The warranty periods apply from the first date of purchase of the product (unless the card says different)but doesn't mention fridges (it's all tech items). 

I think Samsung may be incorrect with their explanation and are just giving you a fob off answer but it would require diving deeper into their warranty terms.

What does the warranty offer with regards to unrepairable appliances OP?  

Did you use any kind of credit when purchasing? 

Emmia

the_lunatic_is_in_my_head said:

OP Currys will offer you the minimum they think they can get away with, escalate higher with Currys and ask for more (I'd start at £850 based on the fridge lasting 10 years). 

You should point out that goods are required to be of satisfactory quality which includes durability and this is judged by the standards of a reasonable person with consideration for price and a reasonable person buying a premium brand for £1600 should expect much longer than the offer price represents,.

https://www.legislation.gov.uk/ukpga/2015/15/section/9

Regarding the warranty, do you still have the warranty card that came with the fridge? The above link says The warranty periods apply from the first date of purchase of the product (unless the card says different)but doesn't mention fridges (it's all tech items). 

I think Samsung may be incorrect with their explanation and are just giving you a fob off answer but it would require diving deeper into their warranty terms.

What does the warranty offer with regards to unrepairable appliances OP?  

Did you use any kind of credit when purchasing? 

The link allows you to click through to appliances including fridges

Keep_pedalling

loulougaga said:

But surely a £1600 fridge freezer should last longer that 5 years under the CSA 2015 6 year ruling and also a warranty should start from when you purchased the item not from manufacturing date ?

The cost of a fridge does not men much as far as longevity is concerned. Very expensive fridges tend to be very large with stuff like ice makers, they have to work harder and have more components to go wrong than a simple £300 fridge.