household appliances

[pomsta]

we purchased a Hotpoint freezer about 18 months ago, and..as usual forgot to fill in the guarantee card, typically the freezers`compressor has broken down, we`ve had an independant engineer out and he said no way this should have happened so soon and it`s going to be an expensive fix, we`ve mislaid the receipt.. so.... l`m wondering if there is anything we can do

[Ethel]

You may have lost the receipt but you may be able to get proof of purchase from your bank / credit card statement or the finance agreement.

Your contract is with the seller and under the Sale of Goods Act goods must be fit for the purpose and of reasonable quality.

It is reasonable to expect a freezer to last more than 18 months, so you could make a claim through the Small Claims Court.

In the first instance, you need to find some sort of proof of purchase, and then go back to the shop to ask for a refund or repair.

[shero101]

Please correct me if I'm wrong but if you haven't taken out an extended warranty, then after 12 months (which is standard on electrical appliances) then you are on your own if it breaks. That's the point of having an extended warranty so if anything like this happens you can get it fixed as its still covered.

[dzug]

Hotpoint provide a free 5 year guarantee on parts (or they used to) so you should only have to pay for the engineer's time (still not cheap).

But going after the retailer under the sale of goods act should be the first thing you try as Ethel suggests.

[Buenchico]

All electrical goods should be expected to work for a minimum period of 6 years. If a machine fails due to an 'inherent fault' (i.e. poor quality components or poor manufacturing standards) the retailer is obliged to put matters right. (The retailer can choose whether offer a repair or provide a replacement).

For the first 6 months after purchase, any problem which develops is automatically assumed to be due to an 'inherent fault'. After 6 months, it's up to the customer to establish that, on the balance of probabilities, this is the most likely cause.

Get the independent engineer to sign a report stating that, in his professional opinion, the most likely cause of the problem is either poor quality components or inadequate quality control at the manufacturing stage. (He'll probably charge you for the report but it will be cheaper than paying for a repair). Then go back to the retailer and demand that the matter is put right at the retailer's expense. The lack of a receipt does not affect your rights in any way.

Chris

[yummymummy]

Sorry shero101, having to correct you!

Any guarantee or warranty is given on top of and not instead of the legal rights that everyone has when they buy anything. Fair enough most people don't know that, which is why a lot of large electrical retailers (not mentioning any names but I'm sure you can guess who!) fob people off by telling them to go to the manufacturer when they, as the seller, have responsibility over the item for UP TO 6 years, depending on the expected lifespan of the item.

Have a look at www.consumerdirect.gov.uk for clarification.

[Whickerman]

If you didn't enter a contract - by sending in the card - they have no obligation to fulfill their side of any offer.

They may well, however, do so as a customer service. Can't see it though...