Expensive freezer died out of warranty - is this a fair deal from manufacturer?

[itwillbebetter]

Hi -if there is anyone with any knowledge of trading standards, I wonder if you could advise me if this is a fair deal.
Had an integrated freezer supplied with custom built kitchen as part of a package in April09. The freezer was Liebherr, which is not cheap and I thought it would be of great quality. Have had various problems (all starting just out of warranty time) and the company have recognized that it is indeed faulty and needs to be replaced. However, as it is out of warranty and I do not have a receipt (kitchen maker now deceased) they are not offering to replace faulty freezer, but give me another at a discounted rate (about 2/3rds off) They also state that this would be in full and final settlement of any future claim.

Firstly, I'm a bit miffed about having to pay anything. They can tell how old the machine is by the serial number and I would not expect an appliance of that age to fail quite so badly. Secondly does the inclusion of 'full and final settlement' mean that if this new freezer goes wrong then I have no comeback with that either?
Any advise greatly received!

[prh47bridge]

Your legal rights are against the now deceased kitchen maker, not the manufacturer. Anything the manufacturer does is a goodwill gesture. And given the age of your freezer it is by no means certain you would be any better off even if the kitchen maker was still around.

As they are selling you the replacement freezer you will have your full Sale of Goods Act rights. You cannot sign those away nor can the manufacturer take them away from you.

[stickymits]

How did you pay for the item? If you paid any of the amount up to the full amount on a credit card you have your rights under section 75 of the consumer credit act. However you still have to show goods are in breach of contract due to being of unsatisfactory quality under the sale of goods act. Has the buisness you bought the goods from now ceased trading due to the death or is the buisness still going? If you didnt pay by credit and the buisness is now ceased trading you will have no where to go to resolve this matter unfortunatly.

[prh47bridge]

True but if the credit card company disputed it, which they probably would, the OP would have to prove that the faults were there when the freezer was delivered and that they are not normal wear and tear or accidental damage. Even if she could prove that there is still no guarantee she would be any better off than the offer the manufacturer is making. My guess would be that the credit card company would opt to repair the freezer. If that proved not to be possible the OP would get a partial refund. I would be surprised if that was as much as two thirds of the cost of a brand new freezer which is effectively what the manufacturer is offering.

[digerd]

Contact your local Trading Standards and they will tell you how many years a fridgefreezer is expected to last . If anything goes wrong before that time, the person who sold it to you is responsible to repair or replace for free.
Also explain your worries about the conditions of the reduced price sale for the new one.

[prh47bridge]

But the OP has already told us that the person who sold the original freezer is deceased so they cannot claim from them.

And as I have already explained the manufacturer cannot exclude the OP's Sale of Goods Act rights. Those rights cannot be taken away even if the OP signs a contract purporting to remove them.

[GettingObsessive]

I think it's a pretty good deal - 2/3 off is a generous discount - but since you are actually paying something for the fridge freezer you should get it in writing from them that your statutory rights (as well as any "normal" warranty they offer) would be honoured in respect of the new machine.

[prh47bridge]

Why does she need it in writing? The seller has to honour the OP's statutory rights. The law is quite clear that they cannot be excluded.

[GettingObsessive]

Yes, but it would make it much easier for her if she has cause to complain again - she can just brandish the email or whatever. This is especially true of any "top up" warranty. The words "full and final settlement" may mean that they try and wriggle later.

[cumfy]

I would take their offer. Implies a lifetime of 10 years.

Who are you dealing with Liebherr or the prop developers ?