New Fridge/Freezer Broken

[horseshoes]

This is a trading standards question which I hope somebody will be able to answer. I just want to know where I stand when I talk to the manager of the store tomorrow. About 6 months ago we refitted our kitchen and purchased an integrated fridge/freezer. The fridge has been pretty noisy from day one, although the noise has been intermittent. The other day it made a few really bad noises and since then it hasn't been working at all. The freezer part still works. We spoke to a young man behind the counter of the supplier, and he gave us a telephone number of somebody who was supposedly going to come and mend it. However they said they no longer serviced that particular model. So it was back to the store and the young man who said he will have to speak with his manager, so we are going back there again tomorrow. I don't particularly want it serviced, I would prefer to have a new one, after all it shouldn't need servicing yet should it? Can I insist on a new one? Thank you.

[bozie69]

most things come with 12 months warrenty ?? i got a washing machine that had 12 and bought a 3 year cover too.my gran had a fitted kitchen done not so long back her fridge broke and she got em to take the old one away and bring a new one out.if they cant fix it because they no loneger do the model that is not your fault.oh unless they know you broke it eg water filler been filled with juice that will be down to you has my bro in law found out.

[Buenchico]

You state that you bought the item 'about 6 months ago'. It's important as to whether it was more or less than 6 months.

When you first buy an item you've got a right to receive a full refund, if it's faulty, up until the point when you've legally 'accepted' it. The duration of the pre-acceptance period isn't defined in law but generally it just gives you enough time to check that everything's working properly and to complain if it isn't. You seem to be well outside that period.

Thereafter, for a period of 6 years after purchase, the retailer must repair or replace the item if a problem arises due to an 'inherent fault'. That means a fault which was present at the time of purchase, such as the use of poor quality materials or poor workmanship. For the first 6 months after purchase there's an automatic assumption (unless there's clear evidence to the contrary) that any problem must be due to an inherent fault. For the remainder of the 6 year period it's up to the purchaser to show that the problem has arisen from an inherent fault.

Assuming that you can establish that the problem with your purchase is due to an inherent fault (either because it occurred within 6 months of purchase, or otherwise), the retailer is obliged to repair or replace the item. You can state which of these options you prefer but the retailer can substitute the alternative option upon the grounds of economic viability.

All of the above refers to your statutory rights with the retailer. As Bozie69 points out, it's likely that the fridge/freezer was supplied with a manufacturer's guarantee. However such a guarantee is a 'gift' from the manufacturer and is not directly covered by any legislation. The guarantee can cover as little or as much as the manufacturer decides.

Chris

[Addy123]

Under the Sale of Goods act 1979 then it has to be fit for purpose and able to do the job it was meant to do.

In 2001, the following changes were brought in regarding the Sale Of Goods act. If it breaks down within sex months it id deemed to have had the fault when you bought it, and you can request a replacement.

If it breaks after the first six months it is deemd to have developed a fault and under your guarantee you can request a replacement.