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Faulty replacement Fridge Freezer

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  • 21-08-2014 6:26pm
    #1
    phelixoflaherty
    Registered Users Posts: 1,436 ✭✭✭


    Bought a Liebherr fridge freezer from DID four years ago.

    After 1 and 3/4 years it stopped working. (Within Guarantee).

    That replacement has now developed a fault in that it will not switch off, It is running day and night.

    We have had this one over 2 years and DID say it is out of warranty.

    Do we have any comeback in relation to this?


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    #2
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    Yes definitely, you have rights under the Sale Of Goods and Supply of Services Act. These rights are independent of any warranty.

    Basically under this act the seller must deal with any issues you have for a reasonable lifetime of the product. I'd say it's reasonable to expect a fridge to last more than 2 years therefore in your case imo the seller is obliged to remedy the situation. I suggest you remind DID of their obligations under the SoGASA and request them to redress the problem within a reasonable period, say 10 working days. Under the act redress can take the form of a repair, replacement or full/partial refund, or you can accept any other option if you wish. You may have to negotiate for whichever option suits you best.


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    #3
    dudara
    Registered Users Posts: 33,519 ✭✭✭✭dudara


    ^^Spot on, but bear in mind that the retailer is entitled to determine if there is a genuine fault, or if it's due to user error.

    I would expect a fridge to last more than two years, so I'd be heading back to DID. Warranty aside, they have to address faulty goods.


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    #4
    AlwaysAmber
    Registered Users Posts: 85 ✭✭AlwaysAmber


    I think the date of original purchase is the important date here, not the replacement date. So the original fridge was bought 4 years ago - you would still have the rights outlined above, but if it went to the Small Claims Courts the Judges decision would be based on 4 years usage and not 2.


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    #5
    Mountjoy Mugger
    Registered Users Posts: 4,487 ✭✭✭Mountjoy Mugger


    AlwaysAmber wrote: »
    I think the date of original purchase is the important date here, not the replacement date. So the original fridge was bought 4 years ago - you would still have the rights outlined above, but if it went to the Small Claims Courts the Judges decision would be based on 4 years usage and not 2.

    Are you sure of that, or is that an opinion?


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    #6
    phelixoflaherty
    Registered Users Posts: 1,436 ✭✭✭phelixoflaherty


    Rang DID, They fobbed me off and told me to ring Liebherr dealers in Dublin.

    Awaiting their call......


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    #7
    whippet
    Registered Users Posts: 7,671 ✭✭✭whippet


    Mountjoy Mugger wrote: »
    Are you sure of that, or is that an opinion?

    this is also my understanding aswell.

    As it stands the OP has had 4 years use of a Fridge from when they parted with the money for it.

    As an example - should the SCC decide to make an award to the OP this length of time will be factored in to the award - back of an envelope figures

    Purchase price €1000, expected useful life 6 years. Only 4 years use ... therefore OP entitled to return faulty unit to DID and receive refund for two of the six years (about €330)


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    #8
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    It is over 4 years old. The repair may not be that expensive as it sounds like a thermostat problem. Can the store not arrange for a repair man to call and just get the thing repaired. I don't think it unreasonable for the OP to pay for a repair to a thermostat after more than 4 years with a fridge.


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    #9
    dozy doctor
    Registered Users Posts: 751 ✭✭✭dozy doctor


    Have a look at this article regarding a faulty fridge freezer by a pal of mine...

    http://m.independent.ie/regionals/wicklowpeople/news/faulty-fridge-freezer-at-centre-of-small-claims-court-dispute-27851026.html


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    #10
    phelixoflaherty
    Registered Users Posts: 1,436 ✭✭✭phelixoflaherty


    In fairness Liebherr have said they will try to do something.

    Meanwhile buying single pints of milk and eating tonnes of defrosted spinach


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    #11
    phelixoflaherty
    Registered Users Posts: 1,436 ✭✭✭phelixoflaherty


    Waiting 8 days for a reply.

    Have a suspicion I was fobbed off by Liebherr


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    #12
    dozy doctor
    Registered Users Posts: 751 ✭✭✭dozy doctor


    phelixoflaherty wrote: »
    Waiting 8 days for a reply.

    Have a suspicion I was fobbed off by Liebherr

    Threaten then with small claims court and forward on that link above to them... They will soon take their fingers out of their asre....


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    #13
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    dozy doctor wrote: »
    Threaten then with small claims court and forward on that link above to them... They will soon take their fingers out of their asre....

    Liebherr don't have to do anything and imo taking Liebherr to the SCC would be futile as Liebherr have discharged their liability to the OP once the 2 year warranty expired, i.e there is no grounds for a suit and they probably know that.

    The OP needs to deal with DID and be a bit more assertive. That's where his contract lies and he's allowing them off the hook imo. I think anyone would expect a fridge freezer to last a lot longer than 4 years if it is installed in accordance to manufacturer's instructions so he has a fair chance of a favourable decision should he decide to take the retailer to court.


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    #14
    dozy doctor
    Registered Users Posts: 751 ✭✭✭dozy doctor


    slimjimmc wrote: »
    Liebherr don't have to do anything and imo taking Liebherr to the SCC would be futile as Liebherr have discharged their liability to the OP once the 2 year warranty expired, i.e there is no grounds for a suit and they probably know that.

    The OP needs to deal with DID and be a bit more assertive. That's where his contract lies and he's allowing them off the hook imo. I think anyone would expect a fridge freezer to last a lot longer than 4 years if it is installed in accordance to manufacturer's instructions so he has a fair chance of a favourable decision should he decide to take the retailer to court.

    That is correct, he does need to take D.I.D to small claims court and NOT Liebherr as it was D.I.D he took the contract out (Sale of goods act) with when he bought the Fridge freezer from them.....

    and it should last a reasonable time... There is no court in the land that would side with D.I.D


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    #15
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    phelixoflaherty wrote: »
    That replacement has now developed a fault in that it will not switch off, It is running day and night.


    Im confused why woudl you be switcing your fridge freezer on and off besides wanting to defrost ?

    Is this something your doing regularly or were doing regularly ? I ask as its possible that based on your usage of the item the fault has been introduced and the retailer or manufacturer may have no liability here.


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    #16
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    D3PO wrote: »
    Im confused why woudl you be switcing your fridge freezer on and off besides wanting to defrost ?

    Is this something your doing regularly or were doing regularly ? I ask as its possible that based on your usage of the item the fault has been introduced and the retailer or manufacturer may have no liability here.

    I take it that the poster means the compressor is running continuously rather than cutting in/out as required.


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    #17
    puss
    Registered Users Posts: 103 ✭✭puss


    phelixoflaherty wrote: »
    Waiting 8 days for a reply.

    Have a suspicion I was fobbed off by Liebherr

    i would advise you to put your complaint in writing to DID and send by registered post. They will try and fob you off on the phone. You should be dealing with DID and not Liebherr. This worked for me when I had a faulty phone.


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    #18
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    slimjimmc wrote: »
    I take it that the poster means the compressor is running continuously rather than cutting in/out as required.

    Possibly but I think its important they clarify though as their use of the product could well impact their position from a consumer standpoint.


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    #19
    phelixoflaherty
    Registered Users Posts: 1,436 ✭✭✭phelixoflaherty


    No joy, just bought a new fridge in Cunniffes.


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