Consumer Rights

[oldmisery]

My Smeg oven has developed a digital timer display fault, segments missing. The timer display is an integral part of the control button unit and to replace costs in excess of £100. The oven is just over two years old. Can I approach the dealer and demand a replacement as it is unfit for purpose by virtue of a useless timer and should last longer than this.

[dannyk13]

After two years I don't think that you can claim that it is unfit for purpose.What guarantee did you get with oven?

[oldmisery]

Standard twelve months, but surely Consumer Rights Act 2015 stipulates it lasts for reasonable length of time. Fit for purpose and of satisfactory quality.

[hc4361]

The law gives you six years to claim an inherent fault. After 6 months it is your responsibility to determine that it is an inherent fault and not fair wear and tear or accidental damage.
The courts look at various factors when considering fair wear and tear, including the price. Smeg ovens aren't cheap and it is reasonable to expect it to last longer than 2 years, so I would say you have got a good reason to ask for a free repair.

Phone them in the first instance. See what sort of response you get

[zebo]

I would certainly approach the dealer through whom you bought it, they may be able to negotiate with the manufacturer on your behalf. If it was an on-line dealer you will have to approach Smeg yourself, the better manufacturers are keen to keep their good name.

[hc4361]

Your contract is with the seller, so they are the ones you should contact.

[Buenchico]

Your rights against the retailer relate solely to 'inherent faults'. i.e. something which was actually wrong with the oven at the time of purchase. (That could, of course, include the use of a poor quality part, or poor workmanship, which has resulted in the current problem).

If the problem had arisen during the first 6 months after purchase there would have been an automatic assumption in law that an inherent fault was the cause of the problem, meaning that you would have had an automatic right to a repair or replacement.

After 6 months you continue to have the right to demand a repair or replacement (usually for up to 6 years) where a problem arises due to an inherent fault but there is no longer any assumption that such problems are actually due to inherent faults. It's up to you to prove (e.g. by getting an independent expert inspection of the oven) that an inherent fault was, indeed, the most likely cause.

In practice you might be able to convince the retailer that a dodgy part was fitted to the oven when you purchased it, simply by asking him to suggest any alternative cause of the current problem - but a 'softly, softly' approach (rather than an 'all guns blazing' one) might be best, so that he doesn't simply say "If you think that, mate, you prove it!".

[oldmisery]

Thank you all for your responses, do you think it's worth stressing the unfit for purpose element of the Consumer Act

[Buenchico]

>>> do you think it's worth stressing the unfit for purpose

No, because that's only relevant in the initial period after purchase. It's the 'inherent fault' bit you need to work on. i.e. "I can't possibly see how the timer display could have failed so quickly if it wasn't actually a poor quality part when it was fitted. Can you?".

If the retailer accepts that the part was dodgy at the time he sold the oven to you, he must provide a repair or replacement. (You can state which of those two options you'd prefer but the retailer is at liberty to substitute the alternative one of your preference isn't economically viable).

If he doesn't agree that there was a problem with the oven when he sold it to you, you'll have no right to a repair or replacement unless you can PROVE your point.

BTW, have you tried asking Smeg for their assistance? (Yes, I know that your statutory rights are with the retailer, and not with the manufacturer, but sometimes manufacturers are keen to maintain their good reputation). If you do decide to contact Smeg, DON'T go straight to their service department (who'll probably only be authorised to offer you a repair that you have to pay for). Instead, call their Customer Relations people on 0344 557 9907 to say how disappointed you are with the quality of their product. (Alternatively email [email protected] but I always think a phone call, where you can use the tone of your voice to express exasperation, is better).

[oldmisery]

Thanks Buenchico I'll follow your advice and hopefully post a success in the near future, regards OM