Crosswords1 min ago
this is a tricky one
I bought a new property two years ago. The property came with all white goods fridge freezer ect. We did not move into the property untill november last year , last week my freezer packed in after eleven months of use.
I was a little bit miffed so I phoned the maker Zanussi. I know the guarantee has expired and I did not get an extended warranty but my argument is that it was not fit for purpose and of satisfactory quality as it should not have broken it that tme. However they are saying although I registered it with them I did not actually buy the item and there is nothing they can do, and they told me to get in touch with the builder who are also washing there hands of it saying more or less it was a freebee MY question who is responsable any ideas, thanks
I was a little bit miffed so I phoned the maker Zanussi. I know the guarantee has expired and I did not get an extended warranty but my argument is that it was not fit for purpose and of satisfactory quality as it should not have broken it that tme. However they are saying although I registered it with them I did not actually buy the item and there is nothing they can do, and they told me to get in touch with the builder who are also washing there hands of it saying more or less it was a freebee MY question who is responsable any ideas, thanks
Answers
1 to 3 of 3
My guess is you are in a no win situation.
Just shrug your shoulders and buy a new one.
Just shrug your shoulders and buy a new one.
20:41 Tue 20th Oct 2009
When you buy almost any item (other than 'short life' things like batteries and windscreen wipers) and a fault occurs WITHIN 6 YEARS from the date of purchase, you have the legal right to demand a repair or replacement (but not a refund) if the problem is due to an INHERENT FAULT. (That means something which was actually wrong with the item at the date of purchase, such as the use of a poor quality component or poor workmanship).
For the first 6 MONTHS after purchase there's an automatic assumption (unless there's clear evidence to the contrary) that any malfunction must be due to an inherent fault. For the remainder of the 6 year period the purchaser must show that the most likely cause of the equipment failure was an inherent fault.
However the legal right to a repair or replacement comes about through the contractual relationship between the retailer and the customer. (i.e. any claim must be made against the RETAILER, not the manufacturer). The manufacturer is under no obligation whatsoever (to the purchaser) even if the item develops a fault on the day after purchase. (It's the retailer who is obliged to provide a remedy. It's then up to the retailer to claim against the manufacturer). A guarantee is a 'gift' from the manufacturer and is completely separate to your statutory rights.
So in order to make a claim for a repair or replacement you need to be able to show that the most likely cause of the problem was an inherent fault. (Sometimes simply challenging the retailer to suggest any alternative cause can be sufficient for this). Your main problem though would seem to be in the definition of a 'retailer'. You purchased the freezer from the builder, so it seems likely that the law would regard the builder as the relevant retailer. However I wouldn't be at all surprised if the builder tried to pass your complaint onto whichever company they had purchased the freezer from.
Chris
For the first 6 MONTHS after purchase there's an automatic assumption (unless there's clear evidence to the contrary) that any malfunction must be due to an inherent fault. For the remainder of the 6 year period the purchaser must show that the most likely cause of the equipment failure was an inherent fault.
However the legal right to a repair or replacement comes about through the contractual relationship between the retailer and the customer. (i.e. any claim must be made against the RETAILER, not the manufacturer). The manufacturer is under no obligation whatsoever (to the purchaser) even if the item develops a fault on the day after purchase. (It's the retailer who is obliged to provide a remedy. It's then up to the retailer to claim against the manufacturer). A guarantee is a 'gift' from the manufacturer and is completely separate to your statutory rights.
So in order to make a claim for a repair or replacement you need to be able to show that the most likely cause of the problem was an inherent fault. (Sometimes simply challenging the retailer to suggest any alternative cause can be sufficient for this). Your main problem though would seem to be in the definition of a 'retailer'. You purchased the freezer from the builder, so it seems likely that the law would regard the builder as the relevant retailer. However I wouldn't be at all surprised if the builder tried to pass your complaint onto whichever company they had purchased the freezer from.
Chris
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