Fridge/freezer only lasted 3 years

[Notanargosfan]

Hiya,

I bought an Indesit fridge/freezer from Argos 3 years ago. Chose Indesit as my Indesit washing machine is now 9 years old and never had a problem with Argos before.

My fridge/freezer started making funny noises then just stopped working.

Had 2 year guarantee, did not pay for extended as I know these are a scam to take money when I should still be protected by law. So I thought.

Phoned Argos and the only respose anyone will give me is that I have to prove, via an engineer report, that there was a fault when I bought it. Also, the only other department I could talk to must be done by letter. Which would take weeks or months back and forth.

This is not how I understand the Sale of Goods Act 1979 at all and I think Argos are trying to fob me off.

Any advice would be really welcome.

Thanks

Here is a simple guide to the SGA 1979 -
www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

the guarantee is always with the manufacturer not with the retailer.

The Sale of Goods Act has essentially been replaced by the Consumer Rights Act.

The warranty may be from the manufacturer but your legal rights are against the retailer.

Argos are correct legally. As you have owned the fridge/freezer for more than 6 months it is up to you to show that it was faulty when purchased and that the problem is not due to misuse or normal wear and tear. If you can get an engineer's report showing that it was faulty when purchased Argos will have to repair it or provide a replacement.

Thanks for your replies.

The thing is the Sale of Goods Act not the Consumer Rights Act still applies to anything bought before 30 September 2015.

Also, I cannot see anywhere within the Act where I have to prove anything. The part I am looking at says goods must be durable and government has said they must last a reasonable amount of time. A survey by Which of manufacturers shows they believe that amount of time should be 5 to 6 years which I agree with.

I'm just struggling to find anything within the Act which says I have to prove anything, only that I've been sold a product which hasn't lasted as expected.

Thanks again

The Sale of Goods Act has essentially been replaced by the Consumer Rights Act
I thought that it only applied for goods purchased after 1 October 2015??

Yes, the Sale of Goods Act still applies to older goods. However, it has been heavily modified by the Consumer Rights Act. The six month limit (which was, in any case, the general practise of the courts) applies regardless of when the goods were bought.

The relevant provision of the Consumer Rights Act states that any fault occurring in the first six months after purchase is assumed to have been present at the time of purchase unless proven otherwise. Although not specifically stated in the legislation, the corollary is that it is up to the buyer to show the goods were faulty when purchased if the fault becomes apparent more than six months after purchase.

Yes, I would expect a fridge/freezer to last more than 3 years but, as the law stands, it is up to the OP to prove that the fault is not due to misuse, failure to maintain properly or similar.

Thank you. Can anyone pinpoint the part of the Act which says a fault had to be there at purchase and I have to prove that? As Argos cannot and I can only find parts that say it must be durable. Durable means it should last surely, not that there was a fault.

If it is not durable that is the fault. The lack of durability must be due to a failure by the manufacturer. A failure because it has been mistreated or similar does not count.

You are looking for something specific in the legislation. You won't find it. I am telling you how the courts approach cases.

Thank you, that makes sense.

I feel the onus should be with Argos to prove I have been negligent as I plugged in the fridge/freezer and have used it as normal since I bought it.

the guarantee is always with the manufacturer not with the retailer
The OP is not asking about guarantees, she is asking about her rights under the Sale Of Goods Act 1979 against the retailer.

I feel the onus should be with Argos to prove I have been negligent as I plugged in the fridge/freezer and have used it as normal since I bought it
I don't wish to sound mean but what you feel doesn't come into it.
If a fault develops after the first six months, the burden is on you to prove that the product was faulty at the time of delivery.

Thanks for your help everyone. Its very much appreciated