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Faulty Fridge Freezer - company refusing to act

10 replies

monstermunching70s · 04/07/2014 10:41

Will try to keep this short. I purchased a fridge freezer. After 6 months the refrigerator was not keeping food cool. After 3 repairs over the following months for the same problem which the company insisted I have and would not refund I felt 'bullied' to taking out an extended warrant at further cost. Note that clearly none of these repairs ever rectified the problem. The fridge then failed a further two times in the next 2 months and finally the manufacturer agreed to provide a replacement. Received this on 17th Jan 2014. They did however charge me for delivery of the new unit which I now believe they were not legally entitled to do (can anyone advise?) On 12th June I called to report the exact same fault occurring on the replacement. Engineer visited on 20th to undertake the same repair that had been attempted with the previous model. One week later fridge is no longer cold and at highest setting is struggling to maintain less than 10 degrees (which is not acceptable refrigerator temperature). Manufacturer are not dealing with this. Have been fobbed off with legal stuff copied and pasted see below which does not address my complaint in which I requested a refund. See response below:
*Whilst we understand the previous faults on the appliance we can see the warranty provided replaced the appliance for you.

All materials used in the manufacture of our appliances are selected for their durability and suitability for the part in question. Before any appliance is placed on the market, it undergoes exhaustive testing, as do the component parts.

Once production of an appliance begins we constantly review its performance.

Unfortunately, even with all our quality control measures in place, there will occasionally be times when a failure occurs. It is often difficult to determine whether this is due to a problem with the materials used, the manufacturing or indeed some external factor.

Indesit is committed to producing good quality products satisfactory for normal domestic use. We should clarify, however well made, some product may, after a period of time, need servicing or repair. When this happens we will always use our best endeavours to restore the product to full working order as quickly as possible.

As the product in question is an mechanical and electrical appliance it is susceptible to faults and breakdowns during its lifetime irrespective of price tier.

As an manufacturer we retain the right to attempt repairs on the appliance until successfully restored to original specification.

The Sale of Goods Act does not require that goods should remain fault free for any specific period or hold the seller/manufacturer responsible if goods develop faults that were not present at the time of purchase. Goods can break down through normal use, and a component failure does not mean that the product is not fit for purpose, not durable or has failed as a result of a manufacturers defect. There needs to be a fault that was present on the day of sale, even if it only becomes apparent later.*
I believe that I am still entitled to a refund for the faulty fridge (they are clearly unable to repair and legally I know I do not need to accept any further attempts at repair) and that I should also received the delivery charge back. Can anyone please help. I just want a fridge that works! They seem to be insinuating that I have already had a replacement under the extended warranty and am therefore not entitled to anything further however my belief is that this is effectively a new 'contract' and therefore there is still much more to be done.
Any advice would be gratefully received

OP posts:
markGlotech · 04/07/2014 22:53

Where did you buy the product from?
The retailer is who you have the contract with and it is their responsibility to provide a product that is fit for purpose. You need to contact the retailer and tell them you would like a refund as the machine is clearly not right. You do need copies of all the paperwork from the call-outs ready to give to the retailer.

Indesit should refund you for the extended warranty and for the delivery seeing that the product was under one year old at that point.

Mark
GlotechRepairs

monstermunching70s · 05/07/2014 11:18

Was bought through Currys. Sorry didn't make clear that first fridge was eventually 15 months old when replaced. So was replaced under the warranty despite me trying to have a refund and not repair prior to the original 12 month standard warranty expiring. As nothing had been sorted at the time I felt bullied into taking the extended warranty or being faced with having to purchase another new fridge. The manufacturer therefore finally authorised a replacement so my contract is with them isn't it? Thanks for reply but I am still very confused.

OP posts:
prh47bridge · 05/07/2014 12:02

Who supplied the extended warranty? If it was Currys your contract is still with them.

monstermunching70s · 05/07/2014 19:58

Warranty was supplied by D&g (domestic and general) although every call went through to Indesit and they authorised the replacement. So who should I pursue please?

OP posts:
prh47bridge · 06/07/2014 00:10

Domestic & General.

Marylou2 · 06/07/2014 18:34

I have no knowledge of the law but I have dealt with the ghastly entity that is Hotpoint/Indesit and got a product replacement. In my case it was a faulty oven that they repeatedly failed to repair.I gave up complaining in a reasonable manner and decided to post a picture of my faulty device on their Facebook page every day for a week! Amazingly they replaced my oven.

ThermoLobster · 06/07/2014 18:40

Knew it would be indesit! They are truly dreadful. No idea how they get away with it.

monstermunching70s · 08/07/2014 15:57

I have finally spoken with Domestic and General who lo and behold are saying that they will neither replace nor reimburse me as they have already fulfilled the terms of their warranty in their opinion. They maintain that this is the manufacturers responsibility and I'm not sure if I muddied the waters a little bit as I called Indesit initially who did attempt to repair it as I was always directed through to their engineers first and foremost with the previous fridge. D&G maintain that it is not their responsibility now and have said that is what a warranty is for. I have maintained that in the eyes of the law D&G are now the trader and therefore it is them I must pursue for redress. I now have to write to D&G head office to see if they will help. Any further advice anyone? I tried to stay calm but I am shaking after speaking to them as I am incensed that they can attempt to just fob you off so easily and I am not easily fobbed off!

OP posts:
prh47bridge · 08/07/2014 17:38

You have indeed muddied the waters pretty thoroughly.

Since your extended warranty was supplied by D&G you should have approached them when there were problems with the appliance, not Indesit. Similarly when there were problems with the original appliance you should have approached Currys, not Indesit. If they directed you to the manufacturer that is one thing but by failing to approach D&G or Currys you did not give them the opportunity to fulfil their side of the contract.

If the replacement was supplied by Indesit without any involvement from D&G they probably have no liability to you. It doesn't sound like you have paid Indesit anything other than the cost of delivery so they have no liability. And Currys are unlikely to be liable for a replacement supplied by someone else. You may have had a claim against Currys when the original fault emerged but you went down a different route.

I am sorry to say this but it sounds like you may have left yourself in a position where you have no claim against anyone.

monstermunching70s · 10/07/2014 20:23

It seems the power of social media is the way to go. Further to Marylou2's comments above I went the way of Facebook. Posted a brief history of what had happened and how disgusted I was in their company on their Facebook page. Within 24 hours I had received a phone call in which they offered to send an engineer out to verify the fridge isn't working (fair enough - I could be trying to pull a fast one. Although I'm not). Once he has verified they will issue me with a replacement and have agreed for it not to be the same model. Thanks for those offering advice. Hopefully I will soon have lovely chilled foods once again!

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