Heres one for Ethel, Samsung fridge on fire.

[eastern]

I have a Samsung fridge freezer, it is 6 years old and cost nearly �1k. I was away at the weekend and when I got home I noticed the fridge was off, opened the door and got a smell of burning. Turns out there is a small heater circuit in the fridge element and this has burnt out and caused a small fire which has burnt all the insulation. As a result the fridge is a write off, it has been inspected today by a samsung approved engineer a report has been filled in and Samsung have asked me to send it to them with a PofP. As the fridge is 6 years old they are saying it is out of warranty (Samsung customer service) as you can imagine I feel that the fridge should have lasted longer! What is my best line with Samsung if they become reticent about replacing something that could have burnt my house down. Any suggestions on my recourse with Samsung would be greatly appreciated. Thanks Ethel if your out there!!!

[bobtheturkey]

i know the answer but i only get called ethel at the weekends

[eastern]

Look forward to speaking to you on Friday 00.01!!!

[buildersmate]

I know the answer as well but obviously only Ethel will do on this one.

[dot.hawkes]

Lol I think that would be way past his cocoa time lol

[bobtheturkey]

if i get ethel from the bowling club to type my answer will that do?

[Gormless]

Is Ethel infallible? Remember, brilliant search engines like google have brought all human knowledge into everybody's grasp.

Give Ethel a break

[eastern]

I would hate to disturb Ethels free time so I can wait, on the other hand its not like you guys to hold back on your opinions!! Next thing I know no.knowledge might give me a sensible answer (nah)!

[Ethel]

The law (Sales of Goods Act) states that goods should be of 'reasonabe quality' and allows six years from the date of purchase to bring a case before the court if it isn't.

This does not mean that the goods should last 6 years or more - they take into account factors such as price paid (the more expensive the greater the expectation), fair wear and tear and expected deterioration. A �3 electric kettle from Tesco will not be expected to last as well as a �75 kettle, for example.

So, we do know that if your fridge was bought more than six years ago you cannot bring a court case.
As you have had six years use out of the fridge you cannot expect a new fridge, or the full price paid. If you could bring it to court and won, you would not be awarded a replacement or original value.

Realistically the best you can hope for is a repair, and even then you may have to pay for it.

Sorry the advice is not more positive.

[fredpuli47]

Interesting,Ethel. Some goods must be expected to last a lot more than six years to be satisfactory.Apart from that, and taking the limit as six years, where in the Act does it say that the limit is six years from the date of the sale? It would make more sense as a law if the limit was 6 years from the discovery of the defect which shows the goods unsuitable, rather than an absolute bar at six years from sale. And what happens if the defect causes a house to burn down? Is it a defence to a claim in respect of that damage and/or injury or loss of life, for the seller ( here taken as Samsung) to say " Not me guv, it caused the fire at 6 years and one day after the sale" ?

[Ethel]

fredpuli, it is recognised that inherent faults (manufacturing defects) show up within a relatively short time of use, so six years is plenty of time for such a fault to manifest.

A manufacturer cannot be held responsible for either fair wear and tear nor owner misuse/abuse and there has to be a period when a manufacturer can no longer be held liable, and the law has held this to be six years, under English law.

My opinion on that fact is not relevant - eastern does not want a legal debate, only her rights in law.

If serious consequence were to arise from an appliance even after a short period, the manufacturer is not necessarily liable - the company would have to be found negligent. If it were a one off, and the same model did not have a similar malfunction, it is highly likely the company would not be found to be negligent, unless it can be proved that that event could be foreseen under proper use of the appliance.

If several serious incidents were reported, regardless of time scale, then the authorities would investigate.

[Ethel]

fredpuli, the Sales of Goods Act is subject to the Limitations Act 1980, s.5:

Time limit for actions founded on simple contract.
An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

Going in to a store and buying a fridge freezer forms a simple contract.

[eastern]

Thanks Ethel, Fred & Doc and any one else who has contirbuted. Firstly can I just say that I am actually a him not a her!! I have been in touch with Samsung and in all honesty they seem very concerned by the circumstances surrounding this fault, also my insurance co say they will cover me under my policy. The unit shall be 6 years old in August so I have plenty of time if Ethel is correct to bring this to a conclusion. Unfortunately the unit itself is a "write off" as the shell is melted inside so it can't be repaired, Samsung are going to phone me on Monday hopefully with a proposal that is mutually satisfactory. The one thing that has brought me up short is the fact that I was away from my home when it happened and it colud have been a lot more serious, we are constantly told to turn off appliances at night but who turns off their fridge freezer? I have also been trawling the net and found that there was problem with this model of fridge which was brought to the attention of BBC watchdog. Thanks again everyone have a good weekend.

[Ethel]

That is good news and apparently excellent service.

:)

[eastern]

Cheers my dear! Have a very happy Valentines Day. you deserve it!!