Sale Of Goods Act

[dwil]

I bought a new fridge-freezer July 2012 with 2 years manufacturer's guarantee. 9 months later it needed a new fan which was replaced by the retailer. 6 months later it has again stopped freezing properly & needs reparing. It is a reputable make but I feel I have got a 'Friday afternoon' machine. I would like the retailer to take it back and replace with a similar product. Am I within my rights after this length of time?

[bednobs]

no, they can chose to repair it. It's their choce, not yours

[dwil]

Thanks. That's what I suspected.

[SirOracle]

Was it a Bosch by any chance ?

[woofgang]

Interesting q SirOracle. My Bosch fridge has fallen apart over its two year guarantee time, I won't be buying another.

[murraymints]

If the product is not fit for purpose and has already had a repair I'd say you have an argument...contact your local trading office for guidance..

[EDDIE51]

I do not think 2 faults in 18 months makes it 'unsuitable for purpose' so you will have make do with a repair.

[murraymints]

I would push for replacement...go to trading standards...I had similar problems with washing machine and got a new one !

[tonywiltshire]

The major act which assists consumers which you need to study is the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumer Regulations 2002. The goods must be of a satisfactory quality and fit for their purpose, the definition of satisfactory quality is that which a reasonable person would regard as satisfactory.

I suggest you read the act with care and I wish you every success with your negotiations.

[murraymints]

I would not consider the need for two repairs within a warranty period satisfactory would you ?

[tonywiltshire]

Unfortunately Murraymints the law does not regard what you or I think as the definitive test for a reasonable person, even if we consider ourselves to be reasonable, this hypothetical person was I think first used in Vaughan V Menlove 1837, regarding a Hayrick and the mythical person on the Clapham Omnibus was I think first used by Lord Bowen in 1871.
You may expect by this time a simple definition of a reasonable person’s actions in most situations would be available but this is not the case, the Court, if it goes that far, will decide what is reasonable.
In Consumer law there are other factors not least the price paid which will also be considered.

[fuzer]

You can claim it has an "inherent fault" they ave to prove it hasnt you dont have to prove it has. You can demand a replacement or money back due to its unreliability as this is the second time it has broken down.