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Electric Cooker problem

  • 24-02-2011 11:17pm
    #1
    Registered Users, Registered Users 2 Posts: 193 ✭✭


    Hi, I purchased an electric cooker approx 25months ago.
    I only had the normal 12month garuantee.
    The original price was in the region of 800eu i think.
    The cooker is still in very good condition, it gets normal use and has not been abused in any way.

    It has touch controls for the hob and oven.
    Recently the controls for the hob started going haywire (for want of a better word).
    I contacted the retailer who gave me a contact number for the service engineer.
    The engineer called out and was very quickly able to tell me that i would need a new circuit board, which would cost in the region of 220eu before VAT and installation.
    Naturally i was shocked at this price.

    What are the next steps i should take?


Comments

  • Registered Users, Registered Users 2 Posts: 2,454 ✭✭✭cast_iron


    This comes up all the time.
    You must deal with the retailer. It is him you have the contract with regardless of what anyone says (not the manufacturer).
    The product should last "a reasonable amount of time" under Irish law (Sale of Goods Act 1980). No EU reg or anything else applies here, and the warranty being out of date is irrelevant in this case.

    Considering it's clearly not a fault through misuse, the retailer should cover the cost of the panel replacement (including the service call out I would say). If he blankly refuses, initiate a case in the small claims court.


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    cast_iron wrote: »
    This comes up all the time.
    You must deal with the retailer. It is him you have the contract with regardless of what anyone says (not the manufacturer).
    The product should last "a reasonable amount of time" under Irish law (Sale of Goods Act 1980). No EU reg or anything else applies here, and the warranty being out of date is irrelevant in this case.

    Considering it's clearly not a fault through misuse, the retailer should cover the cost of the panel replacement (including the service call out I would say). If he blankly refuses, initiate a case in the small claims court.
    What cast_iron says above is pretty much cast iron:) pardon the pun. the retailer is responsible for repair replace or refund and they may use any repair company but you should not have to pay any service or call out charge.


  • Registered Users, Registered Users 2 Posts: 193 ✭✭FOXFISH1


    Thanks for the replies foggy_lad and cast_iron ;-)

    What is "a reasonable amount of time" ? ...suppose it depends on the product/price etc.

    I think 25 months is certainly not reasonable in this case,
    I'll follow up with the retailer on monday next and ill keep this thread updated with response.


  • Registered Users, Registered Users 2 Posts: 2,454 ✭✭✭cast_iron


    FOXFISH1 wrote: »
    What is "a reasonable amount of time" ? ...suppose it depends on the product/price etc.
    Exactly. However it would be up to a judge to decide ultimately, and I would think he would agree that a cooker of that price should have a design lifespan of longer than 25 months.


  • Closed Accounts Posts: 870 ✭✭✭knighted_1


    Post the make op please - I have come across a few of these cases and I will tell you why you won't win small claims case against the retailer ( by pm )


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  • Registered Users, Registered Users 2 Posts: 9,625 ✭✭✭wmpdd3


    knighted_1 wrote: »
    Post the make op please - I have come across a few of these cases and I will tell you why you won't win small claims case against the retailer ( by pm )

    You wont be able to argue built in obselesance in this case.


  • Closed Accounts Posts: 870 ✭✭✭knighted_1


    wmpdd3 wrote: »
    You wont be able to argue built in obselesance in this case.

    What possessed you to write that comment ? I gave no indication as to what info I would give op , I was actually trying to help them , but from nowhere you pull that comment and include the word 'argue' -

    Please run along and get on with guessing what
    peoples future posts will be - unless you want to give me tomorrows lotto numbers before you put your crystal ball away


  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    knighted_1 Less of the sarcastic replies please.

    OP - without knowing all the specifics, and based on what you have told us, I would expect this part to be replaced, no questions asked. 25 months is very little time in the lifetime of a cooker. What you describe as a "touchpanel" would not be like the element in a cooker, which can be expected to have a finite lifetime.


  • Closed Accounts Posts: 870 ✭✭✭knighted_1


    Ok no sarcasm in future -I will just give bad info like most on here
    you should sort the forum out really because the first reply anyone gives on here to a question is consumer rights and small claims court -

    I was trying to offer the op ,some professional advice and a possible solution but I won't bother now -


  • Registered Users, Registered Users 2 Posts: 41,366 ✭✭✭✭Boggles


    FOXFISH1 wrote: »
    It has touch controls for the hob and oven.
    Recently the controls for the hob started going haywire (for want of a better word).
    I contacted the retailer who gave me a contact number for the service engineer.
    The engineer called out and was very quickly able to tell me that i would need a new circuit board, which would cost in the region of 220eu before VAT and installation.
    Naturally i was shocked at this price.

    What are the next steps i should take?

    Take the engineers report to the manager of the store, he should offer to have it taken care of, if he doesn't politely assert your rights.
    knighted_1 wrote: »
    I was trying to offer the op ,some professional advice and a possible solution but I won't bother now -

    You claimed you knew as fact what a Judge would rule in Court, unless your the Judge that's pretty much impossible.

    The OP had an engineer confirm the fault, the best solution is what is being suggested.


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  • Moderators, Sports Moderators Posts: 19,482 Mod ✭✭✭✭slave1


    Just two words to add

    ** registered letter **

    You will need one to strengthen any future Small Claims Court case.
    Have a chat with the store manager by all means but if you are receiving any resistance follow up with a registered letter requesting a written reply in 10 working days. Letter should be addressed to company registered address if possible (you'll get it on cro.ie or phone them up, very helpful folk)


  • Closed Accounts Posts: 870 ✭✭✭knighted_1


    [QUOTE=Boggles;7086341



    You claimed you knew as fact what a Judge would rule in Court, unless your the Judge that's pretty much impossible.

    The OP had an engineer confirm the fault, the best solution is what is being suggested.[/QUOTE

    sorry but where did I state I knew for fact what the judge would do - read it again I said I would tell them why they wouldn't win AGAINST THE RETAILER -nowhere did I state fact about a judges decision

    I am an engineer and am used by manufacturers to provide professional services , usually in dispute cases of various liability -so I think I am able to comment on this case as I was involved with similar fault finding on touch contol hobs -like everything in life there is a simple solution to the cause of this problem and I was going to alert the op by pm of this , but as there are so many people on here who can advise better I will leave it to them . Best of luck in court


  • Registered Users, Registered Users 2 Posts: 41,366 ✭✭✭✭Boggles


    knighted_1 wrote: »
    sorry but where did I state I knew for fact what the judge would do - read it again I said I would tell them why they wouldn't win AGAINST THE RETAILER -nowhere did I state fact about a judges decision
    knighted_1 wrote: »
    I will tell you why you won't win small claims case against the retailer ( by pm )
    knighted_1 wrote: »
    I am an engineer and am used by manufacturers to provide professional services , usually in dispute cases of various liability -so I think I am able to comment on this case as I was involved with similar fault finding on touch contol hobs -like everything in life there is a simple solution to the cause of this problem and I was going to alert the op by pm of this , but as there are so many people on here who can advise better I will leave it to them . Best of luck in court

    Good for you. :confused:


  • Closed Accounts Posts: 870 ✭✭✭knighted_1


    you will note , that originally I said I would contact op by pm - agreed ?

    next you will note I mentioned 'against the retailer' -agreed ?
    (but you translated this in your head to mean a judges discission)

    further down I mentioned manufacturer - agreed ?

    Now there is only so much I can write on an open forum that's why I said private message-

    now if I can tell the op why they won't win against the retailer , who do you think I would be telling them , and showing them what to do ?


    Has the penny dropped yet -

    I told you futher down what I do and who for , it was a giant hint but you reply with the childish quote 'good for you ' - brilliant

    Again I was trying to help the op not to waste time and losing against the retailer but the legally qualified people who posted on the thread think they know better


  • Registered Users, Registered Users 2 Posts: 2,454 ✭✭✭cast_iron


    knighted_1 wrote: »
    next you will note I mentioned 'against the retailer' -agreed ?
    Yes, most posts here indicated you probably won't get any joy off the retailer. Hence the small claims option.
    (but you translated this in your head to mean a judges discission)
    Only because in your first post, you said the OP will fail in court.
    Do you mean court or the retailer, or both?


  • Registered Users, Registered Users 2 Posts: 41,366 ✭✭✭✭Boggles


    knighted_1 wrote: »
    you will note , that originally I said I would contact op by pm - agreed ?

    next you will note I mentioned 'against the retailer' -agreed ?
    (but you translated this in your head to mean a judges discission)

    You said he would lose a small claims case against the retailer, you do know small claims is in the district court where a Judge presides over and gives a ruling?
    knighted_1 wrote: »
    further down I mentioned manufacturer - agreed ?

    Now there is only so much I can write on an open forum that's why I said private message-

    now if I can tell the op why they won't win against the retailer , who do you think I would be telling them , and showing them what to do ?


    Has the penny dropped yet -

    I told you futher down what I do and who for , it was a giant hint but you reply with the childish quote 'good for you ' - brilliant

    Again I was trying to help the op not to waste time and losing against the retailer but the legally qualified people who posted on the thread think they know better

    To be honest I have no idea what you are talking about here, or why you can't tell him on thread what to do.

    But the reality is, he has no legal standing with the manufacturer as the 12 months guarantee has expired. His only redress can come from the retailer, who legally have to offer a remedy, if they don't it will go to the small claims court where a Judge will decide what is fair and if he finds in favour of the OP force a remedy.


  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    knighted_1 It might be best if you could share your knowledge with the wider community. This is a forum for open discussion and you are not helping your side by refusing to share information.

    All opinions are welcome here - even though you appear to think otherwise.

    dudara


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