hi, just to let you know,read the small print. i recently bought a new waeco cr50 fridge from Jacksons Leisure supplies ltd,upon connecting it,it blew fuses,used correct cable,it still blew fuses,contacted supplier,they said it had to go back to Dometic,the manufacturer for repair,as they would not replace it. they (jacksons)said dometic have a 10 day turnaround but as we need it urgently for hols v/soon,they would turn it around in 2 days. ha, not the case. Dometic have had it a week now,they have not made contact with me, i had to make contact with them.
i still dont know if it will be repaired or replaced, but it seems like we wont have a fridge for south of france holiday?
I bought the fridge from caravanfridges uk,which is also Jacksons Leisure, they state that if a fridge is faulty,it will have to be sorted by the manufacturer,and not themselves.Jacksons just "passing the buck".
obviously i didnt expect the fridge NOT to work,so didnt take much notice of their small print,,,,,just make sure you do.
I don't think that the retail seller can pass on the problem by law, just because it's in the small print. If it's not fit for use that's it. Not much help to you now though.
My daughter had a faulty brand new phone, was told the same thing by Argos, her mother went there and got her money back on the spot.
------------- Canvas tent, paraffin light, petrol stove. Heaven
I'd rather be kayaking.
Spent up, not pent up, just had my new tent up.
Your contract is with the retailer, they cannot lawfully pass the buck to the manufacturer. Speak to them, if they won't play the game speak to your local trading standards people
------------- Of all the things I have lost I miss my mind the most.
I'm sure that under 6 months old it has to be replaced or you refunded. Your contract is with the store you bought it from not the manufacturers. Check out the money saving expert website for more info on this as it has many bits of consumer law.
not quite right,if under six months then it is up to the store to prove that the fault is something you did,but they can still offer a repair,replace or refund.As said above your contract is with the supplier,so it is them that should arrange this for you.
i suppose at the end of the day the op just wants a working fridge before their holiday,so it may be quicker to contact the manufacturer them selfs.
It is fact that when you purchase any goods, the agreement is solely with the buyer and the store that you purchased the item from an not the manufacturer. As an example, if you purchase a defective tyre from a garage you don't send it back to Pirelli or Michelin for a replacement, it is the garages responsibilty to either replace the faulty goods or offer a full refund and in this instance it is no different. I'm afraid that the company that sold you the faulty goods doesn't know the law and if they do then they were just passing the buck to avoid any responsibilty. By law you had the right to request a full refund but as the item is no longer in your possession it would be difficult to now claim a refund unless you demand that they contact the manufacturer direct to get your replacement in time for your holiday. Basically the item was not fit for purpose and because the company refused to be accountable for selling faulty goods you are still entitled to a full refund once the company has contacted the manufacturer with a declaration on behalf of the customer.
You can only claim a refund if the goods were faulty. How do you prove this? You could commission an engineers report or let the manufacturers investigate, which is what they are doing. It would have been nice of the retailer to offer you a replacement for your holiday.
Here is the legal verse and chapter if you wish to take it up with the seller,
The Sale of Goods Act 1979 (SOGA) was amended by The Sale and Supply of Goods to Consumers Regulations 2002 (S&SoGtCR) by the insertion into the 1979 Act of new sections 48 A-F. So if you ever refer to the SOGA in any discussion or correspondance always add "(as amended)" . The dealer may choose to take legal advice and it helps you if their lawyer sees any letter that properly quotes the law.
It is section 48B which gives you the choice of repair or replacement when the goods do not conform to your contract for purchase. Under the terms of the SOGA (as amended) that contract requires your fridge to be of satisfactory quality, sufficiently durable and free from any defects.
Section 48A (3) indicates that where this kind of defect is found within six months of purchase then the law deems the defect to have been in place on the date you contracted to buy it. It is then for the seller to proove otherwise to avoid its obligation to you to repair or replace.
The difficulty that you may be experiencing is that the seller is endeavouring to ascertain just what is wrong with the fridge before accepting any liability. The seller has a limited entitlement to do that. If Dometec confirm that it is the fridge that is faulty and not your electrical supply which caused the problem, then the seller will replace or repair. In fact Dometec will tell the seller that they will reimburse the seller the money they have lost on that replacement. It may not follow the law to the letter, but it is a way of implementing the SOGA and this is often how these problems are resolved.
If the previous paragraph does not apply and the seller/dometec are trying to repair the fridge, then by virtue of section 48B of the SOGA (as amended by the S&SoGtCR)the dealer has to comply with two statutory obligations:-
to undertake the repairs within a reasonable period of time, and
without causing significant inconvenience to the you
You need the fridge for your holiday and thus you need to make that clear to the seller. If the seller is not aware of what would be an inconvenience to you then you cannot complain that it has inconvenienced you. If the seller cannot assure you that the fridge will be working and returned to you by your holiday then you need to argue that the seller has failed to satisfy its obligations to do the repairs in a reasonable time and without inconvenience to you and thus it cannot deal with this consumer matter by way of repair but must replace. The seller can then deal with Dometec to get its money back.
There is another legal complication....Where you elect to have a repair (which may be the case here), you cannot change your mind once they have started that repair. So, if you have elected to have a repair you must make it clear to the seller that you only did that because of his assurance that there would be a two day turn round. This will keep your legal options open and you can change your mind if you are being inconvenienced.
Under section 48C you can, as a last resort rescind your contract with the seller and the seller has to give you your money back. However, you can only rescind if it is impossible to repair or replace without significant inconvenience
The above assumes that you did not purchase using HP.
From what you have posted (and I appreciate that not all of the facts ever get posted at the start of a thread) your best option is to argue that you will be inconvenienced and that if the seller does not pull his finger out (that's a non legal expression!) then you demand a replacement in accordance with the above legislation.
All the best
Phil
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
You can, if it cost more than £100, but the time taken to go via that route could be beyond the start of the holiday
Phil
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
Amazing family weekend with old steam engines, classic car displays, market stalls, and full catering and bar. And camping on site - Save £25 by booking in advance.
Topic: a word of warning.
